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Counterclaims in Investor-State Arbitration [PDF]
SSRN Electronic Journal, 2011 This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no obligations on foreign investors and only protect their rights.
Kryvoi, Yaraslau
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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 +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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Arctic Review on Law and Politics, 2021 On 1 April 2020, the Latvian fishing company SIA North Star and its owner Peteris Pildegovics initiated an investor-State arbitration against Norway (Peteris Pildegovics and SIA North Star v.
Valentin Schatz
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Theorizing the Cooling-Off Provision as an Additional Standard of Investment Protection
Utrecht Journal of International and European Law, 2021 Most of International Investment Agreements (IIAs) contains a cooling-off period provision requiring both parties to an investment dispute to make an attempt to settle their differences amicably within a clear time frame, before initiating arbitration ...
Danilo Di Bella
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European Papers, 2023 (Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1131-1139 | European Forum Insight of 10 February 2023 | (Table of Contents) I. Introduction. - II. The Supreme Court's logical solution considering EU case law.
Raphaël Maurel
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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
doaj
Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]
Access to Justice in Eastern Europe, 2019 This paper addresses the current challenges to investor-state arbitration in Europe. Two parallel developments are outlined: the current change in the EU policy towards arbitration provisions in multilateral and bilateral investment treaties, and the ...
Alan Uzelac
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Counterclaim in investment arbitration as an instrument for protection of the environment [PDF]
Zbornik Radova: Pravni Fakultet u Novom Sadu, 2014 The paper considers the possibility for respondent states in investment arbitration to use the counterclaim as an instrument for establishing responsibility of the investor for infringement of the environment.
Đundić Petar
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