Investment Arbitration
Some Reflections on Achmea’s Broader Consequences for Investment Arbitration
... the investment arbitration community, builds on a long line of case law on the autonomy of the EU legal order and does by no means constitute a surprising turn of any ...
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International Investment Arbitration and the European Debt Crisis
... In the context of the current European debt crisis, evidence suggests that while international investment arbitration may not play a major role in Greek restructuri[r] ...
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The Line of Equilibrium: Improving Investment Arbitration through the Application of the WTO General Exceptions
... investor-state arbitration is rooted in the reality that foreign firms can impose significant burdens on ...in investment arbitration against Australia for its plain-packaging tobacco laws based on ...
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The emerging system of international investment arbitration
... 69 These are the standards that are most frequently called upon in investor claims under NAFTA and other investment treaties. Other treaty standards of investor protection oblige states to provide ...
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Protection of International Investment ? The Study of Establishing Appellate Mechanisms in International Investment Arbitration
... of investment arbitration, particularly where public international law rights are at stake and the legitimate expectations of investors and Sovereigns are ...of investment arbitration to ...
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Measuring Gross Disproportion in Environmental Precaution to Establish Regulatory Expropriation and Quantum of Compensation in International Investment Arbitration
... of investment tribunals constituted to assess liability and damages on the part of host states at the behest of injured foreign ...by investment arbitration tribunals by applying a formula, drawn ...
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CALVO S GRANDCHILDREN: THE RETURN OF LOCAL REMEDIES IN INVESTMENT ARBITRATION*
... The Tribunal specified this broad statement in the following terms: “In the circumstances of this case, the conduct cited by the Claimant was never challenged before the domestic courts of Ukraine. More precisely, the ...
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Arguments in favour of reconceptualising the fair and equitable treatment (FET) standard in international investment arbitration : developing countries in context
... the investment tribunals acknowledge the developmental issues that host countries face in complicated situations, the awards will reflect a sound interpretation of the FET ...in investment dispute ...
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Necessity, Investor Rights, and State Sovereignty for NAFTA Investment Arbitration
... 117. Trib.), http:/ /www.naftaclaims.com/Disputes/Canada/Merrill/MerrillRing-Canada-Defence.pdf.; Ethyl Corp.. such, Chapter 11 tribunals have yet to face a necessity defense. Thi[r] ...
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Environmental human rights issues on international investment arbitration and economic development: perspectives and legal approach
... We believe that the greatest barrier to harmonization is the issue of corporate responsibility to respect human rights. Is there such a responsibility in the current system? If so, what is the scope? We can say that ...
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Foreign Investment Arbitration: The Role of the International Center for Settlement of Investment Disputes
... As a result of this resolution, the World Bank initiated the Convention of 196528 with the objective of encouraging a greater flow of private investment 2 9 for the purp[r] ...
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INTERNATIONAL INVESTMENT LAW AND ARBITRATION:
... of Investment Disputes (ICSID): SGS Société Générale de Surveillance ...Treaty-based Arbitration Tribunals to Decide Breach of Contract Claims in SGS ...in Investment Arbitration: A comment on ...
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Sovereign Default Disputes in Investment Treaty Arbitration: Jurisdictional Considerations and Policy Implications
... using investment arbitration for solving sovereign default disputes: the first camp supporting the majority’s view, and the second siding with the dissenting ...of investment arbitration for ...
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The Four Regions in Settlement Space: A Game-Theoretical Approach to Investment Treaty Arbitration Part II: Cases
... respondent. We have carried out a preliminary analysis of such a situation in Section 2 and Appendix B, and have suggested bounding values for any offer from the respondent that follows on from a protracted period of ...
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The Four Regions in Settlement Space: A Game-Theoretical Approach to Investment Treaty Arbitration Part I: Modelling
... for investment arbitration, including the notion of a general solution pointing to optimal courses of action for investors and states for any given ...the arbitration strategy of investors and host ...
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Arbitration Reform in Russia: Will Russia Become More Arbitration-Friendly?
... foreign investment, arbitration law did not receive sufficient atten- ...bilateral investment treaties (BITs), most of them containing arbitra- tion clauses; it is also a signatory to the Washington ...
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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON, D.C. In the arbitration proceeding between. Claimant. and.
... under that agreement, but rather has asserted BIT breaches. Dismissing claims raised via “umbrella” clauses on the ground that forum selection clauses exist in contracts would be, in effect, to read an implied waiver of ...
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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. In the matter of the arbitration between PHOENIX ACTION, LTD. Claimant THE CZECH REPUBLIC
... 34. According to the Czech Republic, Phoenix’s allegations as to a violation of its rights as a foreign investor fall outside the jurisdiction of the Tribunal mainly because “Phoenix is nothing more than an ex post facto ...
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Predicting Outcomes in Investment Treaty Arbitration
... 115. Some investors obtaining ITA compensation nevertheless subjectively viewed the outcome as a “loss.” See Jack J. Coe, Jr., Toward a Complementary Use of Conciliation in Investor-State Disputes—A Preliminary Sketch, ...
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ARBITRATION RULES ARBITRATION SERVICE OF PORTLAND, INC. (ASP)
... the arbitration to the same full extent as if the case were then pending in the circuit court and governed by the Oregon Rules of Civil Procedure (except as modified by ASP’s rules), except that motions or ...
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