...an international arbitration tribunal in case of a dispute, which is known as the Investor-State Dispute Settlement (ISDS). India had unilaterally terminated a number of investment treaties in 2018, including...
Search Results for : %22Investor-State Dispute Settlement ISDS %22
...inappropriate to increase the country risk premium to reflect the State’s propensity to expropriate in breach of BIT obligations, because this would give host states a unilateral right to systemically...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...disputes arising therefrom.[2] Traditionally, any dispute involves two opposing parties with their respective representatives before an adjudicatory body. Each party is assumed to pursue the dispute from its own personal...
Negotiating Funding Arrangements: Trick or Treat
...State has two main limitations: nationality and its voluntary basis. Firstly, a State may espouse only the claims of its own nationals against another State, pursuant to Article 3(1) of...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...arbitration and arbitration awards and looks at settlement before an arbitration award has been rendered and even settlement in lieu of enforcement, i.e., settlement after an award has been rendered....
The Settlement-Enforcement Dynamic in International Arbitration* – Vol. 19 No. ...
...Commission (New York 1958). [121] Art. 37, Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Mar. 18, 1965, 17 U.S.Y. 1270, 575 U.N.T.S. 159....
The Popular Meaning of “Foreign or International Tribunal” in ...
...Court to elaborate extensively on the general applicability of the dispute settlement mechanism established by Art. 26 ECT to intra-EU disputes.[11] Because of Belgium’s request for an opinion on the...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...7, 2020), available at https://member-delosdr.org/video-tagtime-alvin-yeo-sc-on-indirect-investments-in-investor-state-dispute-settlement/. [2] Convention on the Settlement of Investment Disputes between States and Nationals of other States, art. 25(1), Oct. 17, 1966, 575 U.N.T.S. 159. [3] Fedax...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...alternative for resolving investor-State disputes. CONCLUSION Investment arbitration plays a crucial role in settling investment disputes and is a mechanism to attract new investments. With the wave of new arbitrations...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...and understood. They include 1) multi-tiered contractual preconditional escalation clauses to arbitration (broadly containing any combination of Alternative Dispute Resolution [“ADR”] mechanisms such as negotiation, amicable settlements, arbitration, mediation, pre-arbitral...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...AfCFTA establishes a dispute settlement mechanism which applies only to the settlement of disputes arising between its state parties. The future of investor-state disputes in the architecture of this treaty...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...State’s environmental standards, in principle, enables counterclaims raised by States for breaching national measures.[30] In comparison, the EU-China CAI provides a state-to-state dispute settlement (SSDS) mechanism in Section V, as...