Results 11 to 20 of about 771,499 (180)
Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform [PDF]
, 2022 Many governments now join academics and activists in questioning whether ad hoc tribunals, which comprise private individuals holding no tenured role on a court, ought to be entrusted with deciding cases, where the resultant awards sometimes impose ...
Kieff, F. Scott, Grant, Thomas D.
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Australian and New Zealand Journal of European Studies, 2021 ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
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Possible Reforms of ISDS: Some Considerations on the ICS in CETA
Cambridge International Law Journal, 2019 Investor-State Dispute Settlement (‘ISDS’) is a system in international law whereby foreign investors can initiate arbitration proceedings against host states. ISDS mechanisms have become ubiquitous in international investment and trade agreements, in particular bilateral investment treaties.The reform of ISDS has been subject to extensive discussion ...
Chatinakrob, Thanapat
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Does Investor-State Dispute Settlement Discriminate Against Nationals?
German Law Journal, 2020 This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
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The Role of the State and the ISDS Trinity
AJIL Unbound, 2018 In their article Imperfect Alternatives: Institutional Choice and Reform of Investment Law, Sergio Puig and Gregory Shaffer develop a clear and discerning comparative framework to evaluate alternatives to the current system of investor-state dispute ...
Patrick W. Pearsall
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Damages and ISDS Reform: Between Procedure and Substance
Journal of International Dispute Settlement, 2021 Abstract Monetary damages is the ordinary remedy in investor-state dispute settlement (ISDS). As such, arbitral practice relating to damages has direct, practical relevance for states and investors. The size of damages awards is also amongst the core critiques of ISDS.
Jonathan Bonnitcha +3 more
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ICSID Review - Foreign Investment Law Journal, 2021 Abstract This lecture surveys the criticisms directed at international investment agreements (IIAs) and their reliance on investor-State dispute settlement (ISDS), as well as the leading reform venues that have been addressing such criticisms: UNCTAD, ICSID, and UNCITRAL.
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Who's Afraid of Reform? Beware the Risk of Fragmentation
AJIL Unbound, 2018 With multilateral negotiations to reform investor-state dispute settlement (ISDS) now underway, it is legitimate to wonder about the outcome. Many seem to hope for a single, global reform, but that may be unrealistic in the near future.
Catharine Titi
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UNCITRAL Working Group III on ISDS Reform: How Cross-Cutting Issues Reshape Reform Options [PDF]
, 2019 The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international ...
Berger, Thierry +4 more
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