Results 11 to 20 of about 102,719 (274)
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
openaire +5 more sources
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
doaj +1 more source
The Journal of World Investment & Trade, 2022 There is a pervasive sense of tension between investor-State arbitration (ISA) and international climate change law. Both fields use different rationalities and evolved through completely different treaty systems.
Mala Sharma
semanticscholar +1 more source
Does ownership matter? Claimant characteristics and case outcomes in investor-state arbitration
New Political Economy, 2022 The power of foreign investors has become a key component in debates on sovereignty and globalisation. Here the mechanism of investor-state dispute settlement (ISDS), which allows firms legal recourse against host governments, has come to the forefront ...
J. Calvert +2 more
semanticscholar +1 more source
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
doaj +1 more source
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
doaj +1 more source
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
doaj +1 more source
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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UUrbaser v Argentina: The Origins of Host State Human Rights Counterclaim in ICSID Arbitration [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2020 Investment arbitrations have their own challenges due to their asymmetric nature, which arise from the essential difference between the parties to the claim.
zahra hajipour, POURIA askary
doaj +1 more source
Правовое государство: теория и практика, 2021 Today, more than 3,200 international investment agreements (IIAs) have been concluded, and most of them address substantive and procedural protection mechanisms.
ABADIKHAH Mostafa +1 more
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