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International Commercial Arbitration, 2021
Nelson Mandela, Arifa Zahra
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Nelson Mandela, Arifa Zahra
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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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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.
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13 Costs in Investment Treaty Arbitration
2014Investment arbitration can be complex and lengthy, with costs often reaching millions of dollars and sometimes tens of millions. The current state of the law does not allow the lawyer to offer straightforward advice such as: "if we win, they pay us; if we lose, we pay them"; or "whatever happens, each side will pay its own costs and half the costs of ...
Michelle Bradfield, Guglielmo Verdirame
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Human Rights and Environmental Counterclaims in Investment Treaty Arbitration
Handbook of International Investment Law and Policy, 2020J. Nedumpara, A. Laddha
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Provisional Measures and Investment Treaty Arbitration
Arbitration International, 2013An ICSID tribunal has a broad discretion under Article 47 of the ICSID Convention to grant provisional measures to a party where the Claimant can establish that its request is both urgent and necessary. As to what constitutes necessity, there is also considerable discretion given to an ICSID Tribunal to make this decision, and indeed there are no ...
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The Politics of Investment Treaty Arbitration
2020Abstract This chapter describes the politics of investment treaty arbitration. It first looks at two core political justifications for investment treaty arbitration. The first relates to home state politics and diplomacy: the ability of investment treaty arbitration to depoliticize investor–state disputes.
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Integrating a Chemicals Perspective into the Global Plastic Treaty
Environmental Science and Technology Letters, 2022Zhanyun Wang, Antonia Praetorius
exaly