Results 31 to 40 of about 344 (162)

The appearance of bias in international investment arbitrators and analysis of potential impediments to bias in the European Union’s proposal for a multilateral investment court

Australian and New Zealand Journal of European Studies, 2021
ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
doaj   +1 more source

REGULATING THE PRINCIPLE OF GOOD FAITH IN INVESTOR-STATE ARBITRATION: MEANINGFUL REFORM OR REARRANGING DECKCHAIRS ON THE TITANIC?

UUM Journal of Legal Studies
In investor-state arbitration—the principal mechanism enabling foreign investors to bring claims against host-states—the principle of good faith functions as an omnipresent force, intricately woven into the fabric of its proceedings.
Yu Jian Woon, Nurhidayah Abdullah
doaj   +1 more source

Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution

Politics and Governance, 2016
This essay will examine the emergence of transnational governance via supranational economic agreements which promote global imposition of liberalizing policies in the interests of transnational investors.
Robert G. Finbow
doaj   +1 more source

Control, Capacity, and Legitimacy in Investment Treaty Arbitration

AJIL Unbound, 2018
Arbitration has long been the default mechanism for resolving international investment disputes. The traditional consensus favoring arbitration, however, has now given way, and reform proposals abound.
Jeremy K. Sharpe
doaj   +1 more source

Human Rights Promotion through Transnational Investment Regimes: An International Political Economy Approach

Politics and Governance, 2013
International investment agreements are foundational instruments in a transnational investment regime that governs how states regulate the foreign-owned assets and the foreign investment activities of private actors.
Claire Cutler
doaj   +1 more source

Ex Pluribus Unum? On The Form and Shape of a Common Code of Ethics in International Litigation

AJIL Unbound, 2019
In April 2019, member-states of UNCITRAL Working Group III requested the UNCITRAL Secretariat to undertake preparatory work for a Code of Conduct for Investor-State Dispute Settlement focusing on the implementation and enforceability of such a code. This
Chiara Giorgetti, Jeffrey L. Dunoff
doaj   +1 more source

The International Court System: A Solution to the Crisis in Investor-State Arbitration?

Potchefstroom Electronic Law Journal
Most known investor-state disputes are referred to a form of international arbitration known as investor-state arbitration (ISA) or investor-state dispute settlement (ISDS).
Tinyiko Lawrence Ngobeni
doaj   +1 more source

TRANSPARENCY AND CONFIDENTIALITY REQUIREMENTS IN INVESTMENT TREATY ARBITRATION

BRICS Law Journal, 2018
he values of confidentiality and transparency are often invoked in the theory and practice of investment treaty arbitration. Transparency is considered to be one of the key aspects of good governance and corporate social responsibility.
Azhaham Perumal Perumal Saravanan, Subramanian Ramamurthy Subramanian   +1 more
doaj   +1 more source

Investor-State Arbitration in China: A Comparative Perspective

, 2020
Notwithstanding China’s endorsement of investor-state arbitration (ISA) more than a decade ago, few investor claims have been initiated against it. These concerns are not peculiar to China. Economically and politically powerful states, not least of all the United States, are less frequently subject to ISA than poorer states for much the same reason ...
Trakman, Leon, Liu, Qiao, Chen, Lei
openaire   +3 more sources

Dealing with Allegations of Corruption in International Arbitration

AJIL Unbound, 2019
With the rise of corruption as a subject of international instruments and the convergence of obligations around its prevention, detection, and remediation in both the public and private sectors, corruption has increasingly figured as an issue in ...
Lucinda A. Low
doaj   +1 more source