Results 191 to 200 of about 55,991 (256)

Arbitrator Behaviour in Asymmetrical Adjudication (Part Two): An Examination of Hypotheses of Bias in Investment Treaty Arbitration

Osgoode Hall law journal, 2016
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors
Gus van Harten
semanticscholar   +1 more source

Non-treaty Claims in Investment Treaty Arbitration

Leiden Journal of International Law, 2017
AbstractThis 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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Is Commercial Arbitration an Alternative to Investment Treaty Arbitration in Light of the Increasing Aversion against BITs and ISDS?

European Investment Law and Arbitration Review, 2017
The aim of this contribution is to analyse the question whether commercial arbitration is a better alternative to investment treaty arbitration.
N. Lavranos
semanticscholar   +1 more source

Emergency Relief in Investment Treaty Arbitration: A Word of Caution

Journal of International Arbitration, 2017
Emergency interim relief – a procedure widely available in commercial arbitration – is now being put to use in investment treaty cases. Five documented cases of emergency interim relief in the investment treaty context are known today.
Maxim Osadchiy
semanticscholar   +1 more source

Illegal Investments in Investment Treaty Arbitration

The Law & Practice of International Courts and Tribunals, 2012
Abstract 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 ...
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Part III Guide to Key Jurisdictional Issues, 18 The State’s Corruption Defence, Prosecutorial Efforts, and Anti-corruption Norms in Investment Treaty Arbitration

Arbitration Under International Investment Agreements, 2018
This chapter addresses two developments in the field of investment arbitration and corruption. First, it discusses the ‘binary’ or ‘harsh’ outcomes in investment arbitration awards and query whether there is scope within the field to level the playing ...
N BrowerCharles, Ahmad Jawad
semanticscholar   +1 more source

Part III Guide to Key Jurisdictional Issues, 11 The Meaning of ‘Investment’ in Investment Treaty Arbitration

Arbitration Under International Investment Agreements, 2018
Despite the growing number of investor-state arbitrations and resulting jurisprudence, there is still no consensus on the criteria of investment. This chapter first examines the way ‘investment’ is ‘defined’ in bilateral investment treaties and other ...
Yannaca-Small Katia, Katsikis Dimitrios
semanticscholar   +1 more source

Counterclaims in Investment Treaty Arbitration

2018
Abstract 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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How to Teach Investment Treaty Arbitration

BCDR International Arbitration Review, 2022
During the last twenty to twenty-five years there has been a virtual explosion of investment treaty arbitrations. At the beginning of this development, investment arbitration was still regarded as an extraordinary measure. Today investment arbitration is an everyday occurrence.
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Remedies in Investment Treaty Arbitration

Journal of International Dispute Settlement, 2015
The 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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