...rarely take longer than litigation before state courts,[4] except for investor-state dispute settlement (“ISDS”). Unlike traditional legal proceedings, an arbitral tribunal may issue partial awards, by bifurcating the proceedings at...
...Disputes Arising in the Aftermath of the Beirut Port Explosion (Blog, February 15, 2021) Utkarsh Khandelwal, The Tik-Tok Ban in India: Remedies Under the ISDS Regime (Blog, November 9, 2020)...
...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...
...Dispute Settlement (ISDS) has been identified by UNCITRAL Working Group III (Investor-State Dispute Settlement Reform) as a serious concern “raising ethical issues such as third-party funders influencing the arbitral process.”...
...On this point, they note that “[t]here has been a great deal of concern that ISDS tribunals are biased against developing States, and even though some empirical work casts doubt...
...once seen as a substantial innovation for cross-border investment protection. It established investor-state dispute settlement (ISDS), a form of arbitration in which a private investor can bring a claim directly...
...concerns regarding investor-State dispute-settlement (ISDS) proceedings. The Centre would contribute to the improved legitimacy of the ISDS regime by providing better access to justice. There are many issues to be...
...of BITs—and especially dispute settlement, the notorious Investor-State Dispute Settlement (“ISDS”)—are frequent topics of discussion in law journals, BITs have yet to be thoroughly analyzed by economists. Our seminar at...
...Diamond & Kabir Duggal, ISDS Reform and Advancing All “Generations” of Human Rights, Kluwer Arbitration Blog (June 17, 2020) http://arbitrationblog.kluwerarbitration.com/2020/06/17/isds-reform-and-advancing-all-generations-of-human-rights/?doing_wp_cron=1598118460.6411108970642089843750. [2] See, e.g., Nicholas J. Diamond, 2019 in Review: International...
...by proceedings against a number of the EU States for violation of the EU Treaties.[19] The incompatibility between the EU Treaties and the ISDS provisions of the intra-EU BITs has...
...an investor from another Member State. Outlook: Lights Out for the ECT – Or Any Silver Linings? After the Achmea judgment dealt a critical blow to intra-EU ISDS, has...
...opposed to an investor-state dispute settlement (ISDS), which will be set up to resolve any dispute arising out of the CAI.[31] This stands in contrast to the approach provided in...
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