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The Oxford Handbook of International Arbitration, 2020
Abstract This chapter challenges investment treaty arbitration at its core by questioning the validity of insistence on special routes for access to justice reserved to remediate the grievances of a class of privileged investors, which can be referred to as ‘justice bubbles’.
Junrong Song, Min Han
semanticscholar +6 more sources
Abstract This chapter challenges investment treaty arbitration at its core by questioning the validity of insistence on special routes for access to justice reserved to remediate the grievances of a class of privileged investors, which can be referred to as ‘justice bubbles’.
Junrong Song, Min Han
semanticscholar +6 more sources
Discrimination in Investment Treaty Arbitration
2023Abstract This book provides an original and comprehensive treatment of the non-discrimination standards at the heart of many investment treaty cases. Drawing insights from US law, EU law, and international human rights courts, the book supplies key insights into arbitration tribunals' decisions on the interpretation and application of a ...
M. Risvas
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Proportionality in Investment Treaty Arbitration
Global Regulatory Standards in Environmental and Health Disputes, 2021Abstract Chapter Eight continues Chapter Seven’s examination of regulatory coherence tests in investment treaty arbitration, turning the analysis to the controversial idea of relying on proportionality testing. The principle of proportionality is promising as a concept that could assist in the substantive balancing of international legal
C. Foster
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Investment Treaty Arbitration in Asia
China's International Investment Strategy, 2019Abstract This chapter seeks to explore China’s approach to bilateral investment treaties and uses this to help consider its possible future strategy. In particular, the chapter considers the interaction of the growth and nature of China’s inward- and outward-bound foreign direct investment, with the protections provided in the BITs and ...
Matthew Hodgson, Adam Bryan
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Expropriation in Investment Treaty Arbitration
2019Abstract In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice.
Johanne M Cox
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Counterclaims and legitimacy in investment treaty arbitration
Arbitration International, 2022Investor-State dispute resolution (ISDS) is currently facing a crisis of legitimacy, notably because of its perceived asymmetry as well as the difficulties it is faced with when trying to reconcile investor rights with human rights. This article wishes
Paul E Trinel
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Does Bilateral Investment Treaty Arbitration Have Any Value for Multinational Corporations?
Social Science Research Network, 2020Using event study methodology, we investigate whether bilateral investment protection treaties afford protection to foreign investors. Examining arbitral decisions for firms from six countries shows that firms that received awards from arbitrators gained
J. Brada +3 more
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