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, 2020
Recent developments in investment arbitration and international investment law, in general, are prompting the review of the role of amici curiae in investment arbitration proceedings.
C. Baltag
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Recent developments in investment arbitration and international investment law, in general, are prompting the review of the role of amici curiae in investment arbitration proceedings.
C. Baltag
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Arbitration Under Investment Treaties
2022Abstract This chapter looks into arbitrations under investment treaties. During the 19th century, European powers tended to utilise a form of gunboat diplomacy to achieve compensation or protection. Numerous treaties of friendship, commerce, and navigation (FCN treaties) adopted the doctrine of non-intervention with exceptions for ...
Nigel Blackaby +2 more
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Investment Treaty Arbitration Caught in The Public-Private Law Divide
Michigan Journal of International LawThe ongoing reform of investor-state dispute settlement (“ISDS”) underlines the pertinence of an old question that has received various and conflicting answers: Is investment arbitration a public or private method of dispute settlement?
C. Titi
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Common market law review, 2018
Assaults on the independence of national courts in some Member States pose a threat to the rule of law and may impair the enforcement and uniform application of EU law.
Wojciech Sadowski
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Assaults on the independence of national courts in some Member States pose a threat to the rule of law and may impair the enforcement and uniform application of EU law.
Wojciech Sadowski
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Emergency Arbitration in Investment Treaty Arbitration
2021Abstract This chapter discusses emergency arbitration in the context of investor-State dispute settlement (ISDS), and specifically, investment treaty arbitration. The key distinction between emergency arbitration in commercial arbitration and in investment treaty arbitration concerns the application of the second principle of emergency ...
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Protection of Legitimate Expectations in Investment Treaty Arbitration
, 2019Part I. Why Do We Need a Theory of Legitimate Expectations?: 1. Introduction 2. The formalist conception of legitimate expectations and different paradigms of the investment treaty regime: a critique Part II. What is the Theory of Legitimate Expectations?
Teerawat Wongkaew
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2017
Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha +2 more
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Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha +2 more
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Indian Courts and Bilateral Investment Treaty Arbitration
SSRN Electronic Journal, 2020Indian courts have had limited opportunities to deal with bilateral investment treaty (BIT) arbitrations.
Prabhash Ranjan, Pushkar Anand
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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
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2012
Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
openaire +1 more source