Results 11 to 20 of about 41,888 (186)

Investor-State Dispute Settlement Mechanism: The Quest for a Workable Roadmap

open access: yesUtrecht Journal of International and European Law, 2013
The last decade has witnessed an unprecedented increase in the use of investor-State arbitration, highlighting numerous shortcomings of the existing investor-State dispute settlement system.
Sachet Singh, Sooraj Sharma
doaj   +3 more sources

Deciphering the OIC Investment Agreement in Light of the Itisaluna v. Republic of Iraq Award

open access: yesInternational Review of Law, 2022
Promulgated in 1981, the purpose of the Agreement on Promotion and Protection and Guarantee of Investments among Member States of the Organization of the Islamic Conference (nowadays the Organization of Islamic Cooperation) (the “OIC Investment ...
Ioannis Konstantinidis
doaj   +1 more source

The Confidentiality and Transparency Debate Under Investor-State Mediation

open access: yesGroningen Journal of International Law, 2022
As an important part of alternative dispute resolution, investor–state mediation is attracting increasing interest from the creators of investment treaties and institutional rules. Traditional mediation mechanisms are inherently confidential.
Fan Xiaoyo
doaj   +1 more source

Investor-State Dispute Settlement and Multinational Firm Behavior [PDF]

open access: yesSSRN Electronic Journal, 2017
AbstractThis paper shows that investor‐state dispute settlements (ISDS) make multinational firms more aggressive by increasing cost‐reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also make potential compensations larger.
Guttorm Schjelderup, Frank Stähler
openaire   +7 more sources

Modernization of the Investor-State Dispute Settlement System: reform or revolution?

open access: yesМосковский журнал международного права, 2023
INTRODUCTION. The UN Commission on International Trade Law established Working Group III in 2017. Within the framework of this Working Group, States’ delegations and representatives of international governmental and non-governmental organizations seek to
I. M. Lifshits, A. V. Shatalova
doaj   +1 more source

Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes

open access: yesПроблеми Законності, 2021
The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre
Olexandr Vasiliovich Serdiuk   +1 more
doaj   +1 more source

Balancing The State’s Right To Regulate with Foreign Investment Protection: A Perspective Considering Investment Disputes in the South American Region

open access: yesGroningen Journal of International Law, 2018
Some of the challenges in reforming the international investment framework have derived from investor-state disputes, where host states have been sued for environmental or health regulations. Clauses regarding investor-state dispute settlement mechanisms
Maria A. Gwynn
doaj   +1 more source

Ecological sustainability in investment-State dispute settlement: Risks of legal pluralism in practice

open access: yesRevista Electrónica de Derecho Internacional Contemporáneo, 2021
Due to the fragmentation of International Law, Investor-State dispute settlement is usually an area in which tension are felt between investment protection and public policy space, especially in matters concerning the environment, public health or human
Magdalena Bas Vilizzio
doaj   +1 more source

The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement [PDF]

open access: yes, 2008
The Common Market for Eastern and Southern Africa (COMESA) is an organisation of 20 African states established in 1994, replacing the previous Preferential Trade Area between the members.
Muchlinski, Peter
core   +1 more source

Bilateral Investment Treaties of Uzbekistan: Investor-State Dispute Resolution

open access: yesUniversity of Bologna Law Review, 2019
The main purpose of this paper is to familiarise the reader with how foreign investors are protected in Uzbekistan under its BITs. Thus, the paper will analyse BIT clauses of Uzbekistan and investor-state dispute resolution mechanisms available under ...
Eldor Tulyakov
doaj   +1 more source

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