Results 21 to 30 of about 5,663 (298)

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

A rethink of investor-state dispute settlement [PDF]

open access: yesAmicus Curiae, 2013
Professor A F M Maniruzzaman considers the impact of a spectacular growth of investor-state dispute resolution by arbitration over the last two decades, looking at issues raised by excessive investor-state arbitral awards with wider implications beyond the field of arbitration itself, such as concerns about the role of arbitrators vis-à-vis the ...
openaire   +5 more sources

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

Enhancing Conflict Resolution 'ASEAN Way': The Dispute Settlement System of the Regional Comprehensive Economic Partnership

open access: yes, 2022
This article examines the dispute settlement system of the Regional Comprehensive Economic Partnership (RCEP), adopted under the auspices of ASEAN on 15 November 2020. RCEP's Chapter 19 on dispute settlement confirms and enhances the so-called 'ASEAN way'
Lando, Massimo
core   +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

Investor-State Dispute Settlement and National Courts [PDF]

open access: yes, 2020
This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and ...
Potestà, Michele.   +3 more
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

The Quadrilemma: Appointing Adjudicators in Future Investor–State Dispute Settlement

open access: yesJournal of International Dispute Settlement, 2023
ABSTRACT Concern with the selection and appointment of arbitrators has been central in the ‘legitimacy crisis’ surrounding investor–state dispute settlement (ISDS). The regime has been criticized for the outsized role of litigating parties in appointment, absence of transparency in the appointment procedure, potential for conflicts of ...
LANGFORD M, BEHN D, MALAGUTI M
openaire   +2 more sources

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