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Investor-State Arbitration

2019
Abstract This second edition provides a fresh look at the legal framework for the protection of foreign investment. The chapters analyse some of the key issues surrounding this subject focusing on international arbitration between states and investors under bilateral investment treaties.
Borzu Sabahi, Noah D Rubins, Jr Wallace
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Investor-State Arbitration

2008
Abstract The increasing importance of international investment has been accompanied by the rapid development of a new field of international law that defines the obligations of host states towards foreign investors and creates procedures for resolving disputes in connection with those obligations.
Christopher F Dugan   +3 more
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Reforming Investor-State Arbitration

2021
This project investigates the ‘legitimacy crisis’ of the Investor-State Arbitration (ISA) system. It studies the ongoing reforms processes at the United Nations Commission on International Trade Law (UNCITRAL) and the International Centre for Settlement of Investment Disputes (ICSID) through a new framework of normative legitimacy.
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Patterns in Investor–State Arbitration

2022
Abstract This chapter presents the first empirical contribution of the project: the results of an extensive coding project of over 700 cases of investor–state arbitration. It provides an overview of the domestic government institutions which took the measures to which investors object, the type of policy measures taken, and whether these
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Damages In Investor-State Arbitration

2008
The obligation of a State party to pay compensation or damages to a foreign investor may be based on any number of legal grounds. Investment treaties may contain express standards of compensation for certain defined situations. This chapter focuses on customary international law standards of damages due for unlawful actions by States-be they unlawful ...
Hon. Charles N. Brower   +1 more
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Legitimacy of Investor-State Arbitration

2020
Due to insufficient concretization of international norms, it is of vital importance to have broadly representative international courts and tribunals. Since the end of the Cold War, the most significant divisions among States are those between developing and developed countries, whose economic and other interests differ greatly.
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Is Investor-State Arbitration ‘Public’?

Journal of International Dispute Settlement, 2016
The 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 First Investor-State Arbitration

SSRN Electronic Journal, 2015
In 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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