...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...
...Wrongdoing in Investment Arbitration: Standards Governing Issues of Corruption, Fraud, Misrepresentation and Other Investor Misconduct, in Albert Jan van den Berg ed., Legitimacy: Myths, Realities, Challenges, ICCA Congress Series No....
...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,...
...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...
...echoes its ongoing tensions with intra-EU investment arbitration and may foreshadow similar interference in commercial arbitration. Background The RFC Seraing case concerned third-party ownership (TPO) agreements between Belgian football...
...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...
...Proceedings Before Investment Treaty Arbitration, 41 Arb. Int’l 349 (2025). IBA Report on Insolvency and Investment Arbitration (Hamid Abdulkareem, Simon Batifort & Manuel Penades eds., Sept. 2024); * Raúl...
...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...
...the Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, the director of the Center for International Commercial and Investment Arbitration and Editor-in-Chief of the American Review of...
...is admitted to the New York Bar (as Attorney at Law) and has experience acting in commercial and investment arbitrations under various institutional rules (ICC, SIAC, KCAB, UNCITRAL, and ICSID)....
...law in New York (U.S.). She specializes in international commercial and investment arbitration. Barbara previously served as a research and teaching assistant at the Institute of Civil Law of the...
...of implied confidentiality in investment arbitration is desirable. It argues that confidentiality does not play the same role in investment arbitration as it does in international commercial arbitration. The finding...
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