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Проблеми 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
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Revista 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
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Groningen 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
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The unsustainable political economy of investor–state dispute settlement mechanisms [PDF]
, 2021 Investor–state dispute settlement mechanisms were intended to protect companies from the Global North against expropriation by Global South countries. Since 2000, investor–state dispute settlement mechanisms have increasingly been used against Northern ...
Weghmann, Vera, Hall, David
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Bilateral Investment Treaties of Uzbekistan: Investor-State Dispute Resolution
University 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
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Intra-Latin America Investor-State Dispute Settlement [PDF]
, 2019 This chapter examines the main features of investor-state dispute settlement (ISDS) in Latin America, in the particular set of cases that have been brought by Latin American investors against host states from the region. Our goal is to determine if there
Anqi Wang +3 more
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The Quadrilemma: Appointing Adjudicators in Future Investor–State Dispute Settlement
Journal 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
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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
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German Law Journal, 2023 This article explores digitalization’s impacts on the existing international investment law regime. In particular, it examines whether international investment agreements (IIAs) apply to the digital economy, analyzing their scope of application ...
Rodrigo Polanco
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Investment Dispute Settlement à la carte: A Proposal for the Reform of Investor–State Dispute Settlement [PDF]
, 2021 There is widespread consensus that investor–state dispute settlement (ISDS) is in need of reform. In late 2018, Working Group III of the United Nations Commission on International Trade Law (UNCITRAL), tasked with considering investor–state dispute ...
Stephan W. Schill +3 more
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