investor-state
Eli Lily and Company v The Government of Canada and the Perils of Investor-State Arbitration
... using investor- state arbitration for a de facto ...through investor-state arbitration is in the company’s interests, Canadian law ...to investor-state arbitration is a part of ...
15
Is Investor-State Arbitration Unfair? A Freedom-Based Perspective
... inquiry. Investor-state arbitration, within the practice of private international investment, enables us to identify this hitherto neglected aspect of the relationship between self-determination and ...
22
It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV
... that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible with EU ...Member State courts or tribunals under ...
18
Convergence of WTO Dispute Settlement and Investor-State Arbitration: A Closer Look at Umbrella Clauses
... the investor subjected disputes arising under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), a World Trade Organization (WTO) agreement to an investor-state arbitral ...
45
A Corporate Veto on Health Policy? : Global Constitutionalism and Investor-State Dispute Settlement
... of Investor-State Dispute Settlement (ISDS) mechanisms, which grant corporations standing to bring legal action directly against signatory governments in order to guarantee the rights and protections they ...
26
The Application of ICSID Arbitration in Investor-State Dispute settlement
... The other claim is that there are some procedural and substantive deficiencies of the ICSID arbitration which has been under the scrutiny and discussions of many scholars and some developed countries particularly in ...
19
Challenges To The Credibility Of The Investor-State Arbitration System
... The tribunal hearing the case was composed of three arbitrators: Australia appointed Professor Don McRae of the University of Ottawa as an arbitrator; Philip Morris [r] ...
18
Bilateral Investment Treaties of Uzbekistan: Investor-State Dispute Resolution
... The fact that Romak relied upon various provisions of the BITs of Uzbekistan with other states 52 was also irrelevant in the end as these references concerned ”investment” issues, whereas Romak’s claim was found not to ...
26
Investor State Dispute Settlement (ISDS), Germany and the Transatlantic Relationship
... Initiative , https://stop-ttip.org/ (last accessed February 18, 2015); European Commission Commission Working Document- Report Online Public Consultation on Investment Protection and[r] ...
30
Domestic courts in investor-state arbitration : partners, suspects, competitors
... the State had interfered with the investor’s contractual rights to an extent amounting to an expropriation, the analysis extended to a review of the ‘facts related to contract interpretation and performance’, and ...
504
Private Investment and Public Health
... of investor-state dispute settlement is one of the most dramatic examples of the growing influence of non-state actors in shaping the international system in the twenty-first ...with state ...
20
Dispute Settlement Alternatives in Future EU BITS IES WORKING PAPER 1/2012
... the state-state ...the investor to submit the dispute to arbitration, giving a significant advantage to the ...other state not being a party to the ICSID Convention are therefore ...
41
Book Review: Ahmad Ali Ghouri, Interaction and Conflict of Treaties in Investment Arbitration (Wolters Kluwer Law & Business, 2015), 192pp.
... sovereign state in order to claim that the state party should benefit from special privileges and deference in investor-state ...host State are ...
10
Transatlantic investor protection as a threat to democracy : the potency and limits of an emotive frame
... to state in the Bundestag that ‘[t]he step towards a fundamental reform [of] the investor-state court process is the right one’ (cited in Cermak ...(protecting investor rights ‘can be attained ...
46
The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension
... and investor-State dispute settlement rules in two ways: first, pursuant to the annulment actions brought in Micula under Arti- cle 263 TFEU against the EU Decision declaring the enforcement of the arbitral ...
26
Panel III: New Parties in Arbitration
... an investor, say investor A, decides to submit claims against state ...B. State A then becomes involved in the arbitration in some ...the state to see if there is a way to seek mutually ...
20
Balancing The State’s Right To Regulate with Foreign Investment Protection: A Perspective Considering Investment Disputes in the South American Region
... Against this background, numerous reforms and propositions to change the rules of the international investment framework have been put forward. In the following section, we shall describe the developments to change the ...
18
The ICSID Under Siege
... An alternative to investor-state arbitration, not limited to the ICSID, is subjecting foreign investors, like domestic investors, to the territorial sover- eignty of the [r] ...
65
Sectorial Analysis of the Risk-Return Characteristic of Quoted Stocks in the Nigerian Stock Exchange
... Return is the primary motivating force that drives investment. It represents the reward for undertaking investment. Since the game of investing is about returns (after allowing for risk), measurement of realized ...
31
Streamlining the Corruption Defense: A Proposed Framework for FCPA-ICSID Interaction
... As the number of FCPA enforcement actions and ICSID arbitration claims has exploded in recent years, interplay between the two regimes has become more frequent. However, the lack of coordination between the two regimes ...
42