Results 51 to 60 of about 410 (220)

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

Post‐Breach Events, Itemisation and the Avoided Loss Rule

The Modern Law Review, EarlyView.
In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined.
Melody Hadfield
wiley   +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

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

THE VIOLENCE OF FULL COST RECOVERY: Financing Water Infrastructure, and the History and Future of Perpetual Crisis in Mombasa

International Journal of Urban and Regional Research, EarlyView.
Abstract Foregrounding the role of finance, this article examines the historical production and future trajectory of the urban water crisis in Mombasa. Drawing on archival research and contemporary fieldwork, it traces how principles of full cost recovery—institutionalized during the colonial period and later reworked through postcolonial ...
Joe Williams
wiley   +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

PUTTING SOCIAL FINANCE IN PLACE: Geographies and Strategies of Philanthropic Impact Investment in Housing

International Journal of Urban and Regional Research, EarlyView.
Abstract This article examines the rise of impact investment in social housing in an age of entrenched financialization and enduring public underinvestment through the case of philanthropic investors in Southern Ontario, Canada. Social finance scholarship has highlighted tensions between financial and social returns, while overlooking the role of place
Yinnon Geva, Matti Siemiatycki
wiley   +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

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

Incidence, Risk, and Disclosure of Corporate Litigation: Insights from Federal Court Filings

Journal of Accounting Research, EarlyView.
ABSTRACT We assemble and describe a sample of 174,782 lawsuits filed against 218,437 public‐company lawsuit‐defendants in federal district court from 2006 to 2021. These lawsuits involve an array of allegations, including product liability, civil rights discrimination, contract breaches, improper compensation and labor practices, antitrust violations ...
MARY BROOKE BILLINGS, ROBERT W. HOLTHAUSEN, CHRISTINE PETROVITS, DANYE WANG   +3 more
wiley   +1 more source