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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
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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.
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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
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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 ...
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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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Non-treaty Claims in Investment Treaty Arbitration
Leiden Journal of International Law, 2017AbstractThis article explores the conditions under which it is possible to bring claims based on non-international investment agreement (IIA) norms of international law in investment treaty arbitration. For that purpose, it analyzes in the first instance broad dispute settlement clauses incorporated in IIAs that make reference to the settlement of ‘any
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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.
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The Outcomes of Investment Treaty Arbitration
2017This chapter explores variations in dispute outcomes in investment treaty arbitration. Building on the literature on political institutions, the study places the theoretical importance of actor information about the rules of the game and the resources of the participants at the centre of analysis. Such information shapes the strategy of the players and
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Diversity And Harmonization Of Treaty Interpretation In Investment Arbitration
2010Investment arbitration typically involves a variety of treaties. Most frequently it is based on bilateral investment treaties (BITs). Alternatively, multilateral regional treaties such as the North American Free Trade Agreement (NAFTA) or the Energy Charter Treaty (ECT) are the basis of consent to arbitration. In addition, multilateral treaties such as
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The enforcement of environmental norms in investment treaty arbitration
2013Introduction: The dense network of more than three thousand treaties for the protection of foreign investments, the majority of which confer rights directly upon non-state actors, is without an analogue in any other branch of international law. The most potent feature of the common investment treaty is the creation of a mechanism for the compulsory ...
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