Results 171 to 180 of about 410 (220)
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Transparency in Investor State Arbitration
Journal of International Arbitration, 2016International 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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Proportionality in Investor-State Arbitration
2015AbstractWhile 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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The First Investor-State Arbitration
SSRN Electronic Journal, 2015In 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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Is Investor-State Arbitration Publicc?
SSRN Electronic Journal, 2016The 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 Rise of Investor-State Arbitration
2018Today, 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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Transparency in Investor–State Arbitration
2021N Jansen Calamita, Ewa Zelazna
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Investor-state arbitration policy and practice in Australia
2017Australia has 21 bilateral investment treaties (BITs) in force, signed over 1998-2005 mostly with developing or middle-income countries (especially in Asia and Eastern Europe) and all containing ISDS protections, albeit with arguably very limited scope for many treaties signed through to 2002.
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On Genealogy of Proposals to Reform Investor-State Arbitration [PDF]
Transnational Dispute Management, 2014 Investor-State arbitration cases involving public interest regulation have been understood as struggles between advocates of the free movement of investment capital, such as multinational corporations, and environmental or human rights interest groups.
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The Modern System of Investor-State Arbitration
2019Abstract This chapter examines the modern system of investor-state arbitration. The International Centre for the Settlement of Investment Disputes (ICSID), created pursuant to Article 1 of the ICSID Convention, has come to play a central role in the new system of investor-state arbitration.
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