Results 41 to 50 of about 344 (162)

CHALLENGES OF ARBITRATION AS A METHOD OF INVESTMENT DISPUTE SETTLEMENT

Iustinianus Primus Law Review
The purpose of the paper is to question the challenges of arbitration as a method for  settlement of foreign direct investment disputes and to provide answers to several important  questions, such as: defining the challenges of the concept as an ...
Igor Mojanoski
doaj  

China's Innovative ISDS Mechanisms and Their Implications

AJIL Unbound, 2018
International arbitration before Western-based institutions is the dominant mode of investor-state dispute settlement (ISDS). The Washington-based International Centre for Settlement of Investment Disputes (ICSID), the Hague-based Permanent Court of ...
Huiping Chen
doaj   +1 more source

Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses. [PDF]

Heliyon, 2023
Francis Maïnkade B.
europepmc   +1 more source

The Icsid and Investor–State Arbitration

, 2013
This chapter examines the criticisms leveled against the International Center for the Settlement of Investment Disputes (ICSID) in five particular respects. First, it considers the perceived bias of the ICSID toward wealthy Western states and their investors as an ideological and normative proposition.
openaire   +2 more sources

Counterclaims in Investor-State Arbitration

Minnesota Journal of International Law, 2011
This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no obligations on foreign investors and only protect their rights.
openaire   +2 more sources

Beyond Courts: Harmonizing Practice and Principles in North America through Investor-State Arbitration

Norteamérica, 2010
Los sistemas legales de las naciones que componen el TLCAN tienen características similares, aunque también sus diferencias en términos de las prácticas en las cortes y de los principios sustantivos aplicables son notorias.
Susan L. Karamanian
doaj   +1 more source

Application of the rules of customary international law in the practice of investor–state arbitral tribunals

Правоприменение
The subject. Аt the beginning of the 21st century the growing interest of the parties to the dispute and the arbitral tribunals in the rules of customary international law became apparent.
S. D. Pimenova
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International investment arbitration: An outlook from Croatia [PDF]

Strani pravni život
Since Croatia's establishment as a sovereign country in the early 1990s, foreign investments have been identified as a strategic priority of its economic policy.
Poretti Paula, Župan Mirela
doaj   +1 more source

Investor-State Arbitration: An Economic and Empirical Perspective

, 2019
A number of issues are being debated as to whether multilateral investment court system and its specific design features are desirable. This chapter presents the law and economics perspective on this debate and explores basic law and economics theory to describe essential differences between the court system and arbitration, and reviews the available ...
Faure, Michael, Ma, W.
openaire   +3 more sources

La solución de controversias en los modelos de APPRI: Cláusulas tradicionales y nuevas tendencias

Revista Electrónica de Estudios Internacionales, 2012
This paper addresses those provisions in model BITs relating dispute settlement procedures, particularly provisions under the following two mechanisms: on the one hand, mechanisms for the settlement of disputes between contracting parties concerning the ...
Millán Requena Casanova
doaj