Results 11 to 20 of about 344 (162)

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
doaj   +1 more source

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

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

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 , LATYPOVA Natalia Sergeevna   +1 more
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Provisional Measures in Investor-State Arbitration: States Playing Games in Local Courts by Invoking the Trump Card (Police Powers)

University 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

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

Faṣlnāmah-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

Przegląd 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
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Investor Responsibility as Familiar Frontier

AJIL 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
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The Influence of the Iran-United States Claims Tribunal on ICSID and the Permanent Court of Arbitration in the Context of State Responsibility [PDF]

Iranian Journal of International and Comparative Law
The Iran-United States Claims Tribunal (IUSCT) stands as one of the most significant international arbitral institutions, having adjudicated a wide array of disputes over several consecutive decades.
Somaie Rahmani
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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

Potchefstroom 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
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Is Investor-State Arbitration Unfair? A Freedom-Based Perspective

Global justice: Theory, Practice, Rhetoric, 2017
Investor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern ...
Ayelet Banai
doaj   +1 more source