...Federation (“Russia”) as respondent. At least five investment arbitration proceedings have been commenced to date (collectively the “Yukos arbitrations”), as well as a claim before the European Court of Human...
Search Results for : "Investment Arbitration"
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...
The Perils of Intra-Corporate Arbitration for ESG Disputes
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 ...
...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 ...
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
...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
...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....
Leniency Agreements and the Standard of Proof in Investor-State 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...