Results 171 to 180 of about 2,126 (217)
Some of the next articles are maybe not open access.
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
openaire +1 more source
Illegal Investments in Investment Treaty Arbitration
The Law & Practice of International Courts and Tribunals, 2012Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but ...
openaire +2 more sources
Treaty and Contract in Investment Arbitration
Arbitration International, 2008This article addresses one of the most controversial issues in international investment law: the relationship between BIT claims and contractual claims. The author proposes an integrationist approach, which seeks to reconcile the opposing views and jurisprudence on the subject.
openaire +1 more source
Investment Treaty Arbitration in Asia
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
openaire +1 more source
PRECEDENT IN INVESTMENT TREATY ARBITRATION
2009AbstractThis chapter reviews how arbitral tribunals have dealt with precedent, in particular how they have weighed its relevance, and the role of values and doctrine in shaping precedent. It argues that to the extent that tribunals apply international law, judicial decisions are at least evidence of what the law is.
openaire +1 more source
Counterclaims in Investment Treaty Arbitration
2018Abstract The last decade has seen an increase in the efforts of respondent States to have their own claims against investor-claimants heard in investor-State proceedings commenced against them. The investment arbitration case law has revealed a host of legal and practical difficulties in admitting counterclaims.
Mark A Clodfelter, Diana Tsutieva
openaire +1 more source
Proportionality in Investment Treaty Arbitration
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
openaire +1 more source
Remedies in Investment Treaty Arbitration
Journal of International Dispute Settlement, 2015The subject of remedies in investment treaty arbitration is one of the issues that have not been elaborated extensively yet. This article aims to shrink this gap. To find out the remedies that are available in the investment arbitration mechanism and compatible with investment disputes, it first examines the systemic features of investment treaty ...
openaire +2 more sources
Arbitration under Investment Treaties
2015Abstract This chapter describes the arbitration process under international investment treaties, in particular under the Washington Convention of 1965. This Convention aimed primarily to create a new arbitral forum for the resolution of disputes between investors and states by means of the inclusion of arbitration clauses in state ...
Nigel Blackaby +3 more
openaire +1 more source