Results 11 to 20 of about 588 (170)
Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]
Access to Justice in Eastern Europe, 2019 This paper addresses the current challenges to investor-state arbitration in Europe. Two parallel developments are outlined: the current change in the EU policy towards arbitration provisions in multilateral and bilateral investment treaties, and the ...
Alan Uzelac
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Embedded Neoliberalism and the Legitimacy of the Post-Lisbon European Union Investment Policy
Politics and Governance, 2022 Much has been written about the ongoing legitimacy crisis of the global investment treaty regime and the system of investor-to-state dispute settlement (ISDS).
Bart-Jaap Verbeek
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The Composition of a Multilateral Investment Court and of an Appeal Mechanism for Investment Awards
SSRN Electronic Journal, 2017 This report is a supplement to the report by the same authors entitled “Can the Mauritius Convention serve as a model for the reform of investor-State arbitration in connection with the introduction of a permanent investment tribunal or an appeal mechanism? Analysis and roadmap” (“CIDS Report”). It analyzes in more depth one aspect already addressed in
Kaufmann-Kohler, Gabrielle +1 more
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European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1255-1268 | European Forum Insight of 23 December 2021 | (Table of Contents) I. Introduction. - II. Background. - III. Jurisdiction. - III.1.
Jed Odermatt
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Litigating Climate Change Mitigation and Adaptation in Investment Dispute Resolution
Athena, 2023 International investment agreements (IIAs) may protect in principle every kind of foreign direct investment (FDI), including “brown” and “green” FDI. This means that potentially polluting multinational enterprises may be protected by IIAs and benefit ...
Carlo de Stefano
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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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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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Harmful effect of arbitration dispute settlement EU intra bits to the legal order of the European Union [PDF]
Anali Pravnog Fakulteta u Beogradu, 2017 The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law.
Vukadinović Radovan D.
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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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