Results 11 to 20 of about 30,598 (232)

UUrbaser v Argentina: The Origins of Host State Human Rights Counterclaim in ICSID Arbitration [PDF]

open access: yesFaṣlnāmah-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

IS THERE ANY CONTRAST BETWEEN FAIR AND EQUITABLE TREATMENT AND PUBLIC INTERESTS UNDER INTERNATIONAL INVESTMENT AGREEMENTS AND INVESTOR-STATE ARBITRATIONS?

open access: yesПравовое 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
doaj   +1 more source

Third Party Participation in Investor-State Arbitration: New Trends in ICSID Rules and UNCITRAL Transparency Rules [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2017
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
doaj   +1 more source

Human Rights and Investment Arbitration – Fields of Interaction

open access: yesPrzegląd Prawno-Ekonomiczny, 2022
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
doaj   +1 more source

Provisional Measures in Investor-State Arbitration: States Playing Games in Local Courts by Invoking the Trump Card (Police Powers)

open access: yesUniversity of Bologna Law Review, 2019
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
doaj   +1 more source

Submission to UNCITRAL Working Group II on International Arbitration [PDF]

open access: yes, 2012
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
core   +2 more sources

The Four Regions in Settlement Space: A Game-Theoretical Approach to Investment Treaty Arbitration Part II: Cases [PDF]

open access: yes, 2018
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

open access: yesAJIL Unbound, 2019
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
doaj   +1 more source

Differentiating Among International Investment Disputes [PDF]

open access: yes, 2014
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.
core   +3 more sources

Do the SALINI Criteria apply to the Definition of an Investment provided in Annex 1 of the 2006 and 2016 SADC Protocol on Finance and Investment? An Assessment

open access: yesPotchefstroom Electronic Law Journal, 2020
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
doaj   +1 more source

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