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Modernization of the Investor-State Dispute Settlement System: reform or revolution?
Московский 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
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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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Application of the MLI Convention as a means of ensuring the constitutional obligation to pay taxes
Конституційно-правові академічні студії, 2023 The purpose of the article is to determine the consequences of the application of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (Multilateral Instrument (MLI) in Ukraine, to evaluate it ...
Yaroslav Hretsa
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reconciling party autonomy and the international rule of law [PDF]
, 2019 This paper focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators.
Devaney, James
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Russia’s Contract Arbitrage [PDF]
, 2014 Ukraine is poised to restructure its debt, but Russia may hold the best cards in the negotiation. Russia bought $3 billion in Ukrainian Eurobonds in late 2013 to prop up a political ally, since-deposed.
Gelpern, Anna
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It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV
European Papers, 2018 (Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 357-373 | European Forum Insight of 30 May 2018 | (Table of Contents) I. The "context". - II. The background of the case. - III.
Szilárd Gáspár-Szilágyi
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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court [PDF]
, 2018 This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council
Bungenberg, Marc, Reinisch, August
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Some Reflections on Achmea's Broader Consequences for Investment Arbitration
European Papers, 2019 (Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 79-97 | Article | (Table of Contents) I. Introduction. - II. A delicate good: autonomy of the EU legal order. - III. Consequences for CETA's Investment Court System. - IV.
Christina Eckes
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Multilateral Investment Court: The Gap Between the EU and China [PDF]
The Chinese Journal of Global Governance, 2018 Abstract The EU has now shifted from ad hoc investment arbitration to an envisaged Multilateral Investment Court. Its essential character is expected to be a two-instance standing court system, together with a random allocation of cases. This judicialized court system could address China’s preference of correctness as to ISDS system to some extent ...
Hongling Ning, Tong Qi
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THE DECIMATION OF THE INTRA EU BITS [PDF]
Challenges of the Knowledge Society, 2018 The article concentrates on the process which led to the decimation of the intra-EU Bilateral Investment Treaties, due the affirmation of the public policy of European Union which takes precedence over the international obligations arisen for states ...
Beatrice Onica JARKA
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