Results 111 to 120 of about 344 (162)

The Creation of Investor–State Arbitration

SSRN Electronic Journal, 2020
Abstract This chapter explores the creation of investor–state arbitration. There is no shortage of antecedents for investor–state arbitration. So why is it perceived as ‘dramatically different’ from what had gone before? In the second half of the twentieth century, consent to investor–state arbitration was provided prospectively (before ...
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Transparency in Investor State Arbitration

Journal of International Arbitration, 2016
International trade and investment agreements have become the most recent battleground for the apparently conflicting views the arbitration community and civil society have on confidentiality and transparency. This article aims to clarify the debate and, exploring the concept of confidentiality in international commercial arbitration, explain the ...
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Legitimacy of Investor-State Arbitration

2020
Due to insufficient concretization of international norms, it is of vital importance to have broadly representative international courts and tribunals. Since the end of the Cold War, the most significant divisions among States are those between developing and developed countries, whose economic and other interests differ greatly.
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The Rise of Investor-State Arbitration

2018
Today, investor–state arbitration embodies the worst fears of those concerned about runaway globalization—a far cry from its framers’ intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor–state arbitration,
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Is Investor-State Arbitration ‘Public’?

Journal of International Dispute Settlement, 2016
The essay critiques prevailing descriptions of investor-state arbitration (ISDS) that see this mechanism as a form of ‘public’ adjudication requiring exclusively ‘public law’ reforms going forward, culminating in, as the European Union has recently suggested in the course of negotiations for the investment chapter of the Trans-Atlantic Partnership, its
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The First Investor-State Arbitration

SSRN Electronic Journal, 2015
In recent years investor-state arbitration has become ubiquitous. Foreign investors who believe the states hosting their investments have violated their rights under international law routinely sue those states before international tribunals. Most investment law experts would probably identify the origins of the field in a famous “first”, the signing ...
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Damages In Investor-State Arbitration

2008
The obligation of a State party to pay compensation or damages to a foreign investor may be based on any number of legal grounds. Investment treaties may contain express standards of compensation for certain defined situations. This chapter focuses on customary international law standards of damages due for unlawful actions by States-be they unlawful ...
Hon. Charles N. Brower, Michael Ottoleng Hi   +1 more
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Is Investor-State Arbitration Publicc?

SSRN Electronic Journal, 2016
The essay critiques prevailing descriptions of investor-state arbitration (ISDS) that see this mechanism as a form of ‘public’ adjudication requiring exclusively ‘public law’ reforms going forward, culminating in, as the European Union has recently suggested in the course of negotiations for the investment chapter of the Trans-Atlantic Partnership, its
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Proportionality in Investor-State Arbitration

2015
AbstractWhile international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests.
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Transparency in Investor–State Arbitration

2021
N Jansen Calamita, Ewa Zelazna
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