Author: Galo Márquez * Jurisdictions: International Topics: Human Rights Arbitrability International and Transnational Law INTRODUCTION Shareholders have an interest—sometimes a duty—to ensure the long-term financial stability of a company. As...
Search Results for : "Investment Arbitration"
Author: Jerome Newton** Published: March 2019 Jurisdiction: International Topics: Categories of Disputes Investment Disputes NAFTA ICSID BITs WTO UNCITRAL Description: I. INTRODUCTION In March 2017, an arbitral tribunal delivered the...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...state of play in investment arbitration in 2019, 22 Int’l Arb. L. Rev. 117, 122–142 (2019); Kim Talus & Katariina Särkänne, Achmea, the ECT and the Impact on Energy Investments...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
Author: Stephanie Bijlmakers* Published: December 2012 Description: I. INTRODUCTION Today’s governance of foreign investment is dictated by a patchwork of investment treaties and preferential trade agreements. The flow of foreign...
Effects of Foreign Direct Investment Arbitration on a State’s Regulatory ...
Authors: Henrique Carneiro* Jurisdiction: International Topics: Umbrella Clauses Investment Arbitration Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the...
Empirics-Based Umbrella Clause Interpretation
...IBA rules.”[21] In conclusion, practitioners of both commercial and investment arbitration must closely follow the latest developments in commercial and investment arbitration in order to stay up to date on...
TagTime with Samaa Haridi – Legal Privilege in International Commercial ...
...be employed in the general welfare. Dr. Duggal also pointed out that corruption is a recurring theme both in commercial and investment arbitration and has serious consequences. Nevertheless, there is...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
...springs from a common critique of investment arbitration: namely, that it diverts foreign investors away from local legal systems, thereby reducing the incentive to improve them. “Outsourcing” justice in this...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration”, in: M. Andenas et al. (eds), Opinion 1/17: Between European and International Perspectives, European Papers 2021,...
Unpacking the New Greek Law on International Commercial Arbitration
...self-determination of indigenous communities. In reality, many of these critiques are misplaced and they are motivated by a misconception of what investment arbitration actually is. What is important to bear...
TagTime with Dr. Yas Banifatemi – Arbitration as a means ...
...one dominated by the CJEU, according to which EU law precludes intra-EU investment arbitration. In its view, the registration of awards against states is justified on the grounds of the...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...diversity from the early period of arbitration between 1972 to 2000. Given that the most frequent respondents in international investment arbitration (namely Argentina, Venezuela, Spain and Egypt) are almost all...