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The investor-state arbitration legitimacy crisis: Could AI be its future savior (or resurrector)? [PDF]
Pravni Zapisi, 2023 The world of arbitration has not escaped the all-pervading impact of AI. Stakeholders are not only assessing the current impact of AI on the practice of arbitration but also speculating on its future role.
Dar Wasiq, Praštalo Boris
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Michigan Journal of International Law, 2019 Abstract This second edition provides a fresh look at the legal framework for the protection of foreign investment. The chapters analyse some of the key issues surrounding this subject focusing on international arbitration between states and investors under bilateral investment treaties.
Borzu Sabahi, Noah D Rubins, Jr Wallace
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University of Bologna Law Review, 2019 This paper outlines arbitral tribunals’ power to order provisional measures under the auspices of I.C.S.I.D. Arbitration; that is, investor-state arbitration.
Ylli Dautaj, Bruno Gustafsson
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Is Investor-State Arbitration Unfair? A Freedom-Based Perspective
Global justice: Theory, Practice, Rhetoric, 2017 Investor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern ...
Ayelet Banai
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Politics and Governance, 2020 The global investment regime is a prime example of the so-called ‘politicization beyond the state.’ Investment agreements with an Investor–State Dispute Settlement (ISDS) mechanism have become contested in several corners of the globe, triggering a ...
Anna Herranz-Surrallés
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It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV
European Papers, 2018 (Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 357-373 | European Forum Insight of 30 May 2018 | (Table of Contents) I. The "context". - II. The background of the case. - III.
Szilárd Gáspár-Szilágyi
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Principles and Methods of Assessing Damages Due to Breach of Investment Contract (Relying on ICSID Arbitration) [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2021 : Today in international arbitration tribunals also in international law the right to expropriate foreign investor property has been recognized as a legitimate right for the host state.
gholamreza Yazdani
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Standards of Review of the Host State’s Conduct in Investment Arbitration Law [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020 In cases regarding investment, the first duty of an arbitrator is to consider whether the action by a State hosting property of a foreign investor, is in breach of its international agreement-based obligations or not.
Mehdi Piri Damgh +2 more
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The Confidentiality and Transparency Debate Under Investor-State Mediation
Groningen Journal of International Law, 2022 As an important part of alternative dispute resolution, investor–state mediation is attracting increasing interest from the creators of investment treaties and institutional rules. Traditional mediation mechanisms are inherently confidential.
Fan Xiaoyo
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Invoking the Paris Agreement in Investor-State Arbitration
ICSID Review: Foreign Investment Law Journal, 2023 In recent years, there has been mounting interest in the possibility of the Paris Agreement 2015 featuring in investor-State arbitration.2 This applies particularly to investments connected to greenhouse gas emissions mitigation, insured emissions and ...
Arman Sarvarian
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