Results 11 to 20 of about 30,598 (232)
UUrbaser v Argentina: The Origins of Host State Human Rights Counterclaim in ICSID Arbitration [PDF]
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
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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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Third Party Participation in Investor-State Arbitration: New Trends in ICSID Rules and UNCITRAL Transparency Rules [PDF]
Arbitration is the most common method for resolving international investment disputes. The significant development of transparency in investment arbitration has led this notion to play a crucial role in the field of third party participation.
Ali Moghadam Abrishami, hamed zamami
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Human Rights and Investment Arbitration – Fields of Interaction
The main scientific purpose of this article is to identify and analyse legal issues that arise between human rights and investment arbitration. At first glance, these two branches of public international law remain completely unrelated and do not have ...
Magdalena Michalska-Guzik
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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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Submission to UNCITRAL Working Group II on International Arbitration [PDF]
Most investment treaties grant investors the procedural right to bring claims against governments through investor-state arbitration. Under the arbitration rules that commonly govern the proceedings, including the arbitration rules developed by a United ...
Bernasconi, Nathalie +2 more
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The Four Regions in Settlement Space: A Game-Theoretical Approach to Investment Treaty Arbitration Part II: Cases [PDF]
Following from Part I of this paper, which introduced the notion of decision-modelling for investor-state arbitration, Part II of the paper uses the game theoretic notions developed in Part I to explore the question of why a relatively large fraction of ...
Broom +12 more
core +3 more sources
Investor Responsibility as Familiar Frontier
This essay suggests that amidst the various criticisms of investor-state arbitration, the most potent is the present inadequacy of this mechanism to establish a reciprocal responsibility of foreign investors.
Jackson Shaw Kern
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Differentiating Among International Investment Disputes [PDF]
Can investor-state arbitration tribunals, which exercise jurisdiction over limited claims involving discrete parties, render awards that deliver individualized justice while also promoting systemic fairness, predictability and coherence?
Maupin, Julie A.
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An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is no investment to which the dispute relates.
Lawrence Ngobeni
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