...coherent, articulable standard for assessing IP expropriation or unfair treatment claims. This uncertainty places Eli Lilly among a small constellation of investor-state dispute settlement (“ISDS”) cases that, regrettably for contemporary...
Search Results for : "ISDS"
...definition of investment that excludes portfolio holdings, omits the most-favoured-nation and fair-and-equitable-treatment standards, and predicates ISDS upon a five-year exhaustion of local remedies. The Model BIT has not been abrogated...
The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...
...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...
The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...
...through unencrypted means. Ms. Amirfar provided examples of high-profile data breaches that rocked the international arbitration community.[3] Ms. Amirfar highlighted that the challenge for investor-state dispute settlement (“ISDS”) was to...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...one of the parties is a sovereign State, and the frequency of investors using investor-State dispute settlement (ISDS) to challenge the host State’s administrative decisions add to the argument that...
Should There Be Implied Confidentiality in Investment Treaty Arbitration? – ...
...AND ITS LIMITS George Bermann WHEN CORRUPTION MEETS ISDS: SHIELD, SWORD, ESCAPE HATCH, OR ALL OF THE ABOVE? Kabir Duggal and Andrés Alvarez Calderón CHALLENGES TO THE SUBSTANTIVE JURISDICTION OF...
Volume 36: Issue 2 (March 2026)
...remains unclear at present. However, the need for it stems from the unfortunate reality that Investor-State dispute settlement (“ISDS”) has never favored Africa. A unified African approach to dispute settlement...
TagTime with Yemi Candide-Johnson SAN – Intra-Africa trade and the ...
...Possible Strategies to Mitigate Potential Clashes Wei Shen and Yilu Zhang FDI Protection and Energy Transition: Are ISDS Adjudicators Equipped With the Needed Devices to Ease the Transition? Yosra Abid...
Volume 32: Issue 1 (September 2021)
...Qi, Is Investor-State Arbitration Appropriate as a Tool for Regulating Unilateral Sanctions? A Comprehensive Study of Sanctions-Related ISDS Practices, 53 Hong Kong L.J. 361 (2023); Sabrina Robert-Cuendet, Unilateral and Extraterritorial...
How Long Is Too Long? Reviewability and Indirect Expropriation in ...
...and numerous other issues, such as the future of ISDS in Europe.[13] [1] Kluwer Arbitration Blog, The Judgement of the CJEU in Slovak Republic v. Achmea- A Loud Clap of...
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
...of the Vienna International Arbitration Centre, the Geneva Center for International Dispute Settlement (CIDS) Academic Forum on ISDS, and Oxford University Press’ Investment Claims Advisory Board. Professor Rogers co-chaired the...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...to non-political state actions in ISDS and other commercial arbitrations. This would become a particularly burdensome requirement with a widespread chilling effect on arbitrators’ voicing personal opinions, especially in light...