...language is ambiguous, often leading States to invoke doctrines like the “clean hands” doctrine[9] to prevent dirty-handed investors from benefiting from the treaty (e.g., Glencore Finance (Bermuda) Limited v. Plurinational...
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...to its potential and few states consistently look to it” to resolve disputes of any kind. In short, the human rights movement needs additional means by which to induce governments...
International Arbitration: The Human Rights Perspective* – Vol. 4 No. ...
...2. [5] See The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 84 Stat. 692. The Convention on the Recognition and Enforcement of...
Forum Shopping: The One Belt One Road Initiative
...countries of operations (the “Assessment”). The countries covered by the Assessment include the members of the Commonwealth of Independent States and Mongolia (the “States”). Arbitration is commonly regarded as a...
International Commercial Arbitration In The CIS And Mongolia* – Vol. ...
...the various additions made by enacting states and with a commentary on proposals for additions to the Model Law suggested for Commission consideration by the UNCITRAL Secretariat and certain further...
Pieter Sanders, The Work of UNCITRAL on Arbitration and Conciliation, 2nd ...
Author: Abdallah Abuelfutuh Ali Published: October 2021 Jurisdictions: International Topics: National Legislation Stabilization Clauses Investor-State Dispute Settlement (ISDS) States as Parties ABSTRACT The current study examines the validity of traditional...
Taking Stock of the Validity and Legal Impact of Traditional ...
...concerned takes up the claim on the individual’s behalf. Nation-states, however, possess the authority to grant to individuals the power to advance their own claims before international bodies and one...
Claims by Individuals In International Economic Law: NAFTA Developments – ...
...else. International arbitration may become this solution, and this solution may benefit not only victims, but also businesses. During the United Nations Forum on Business and Human Rights (“Forum”), which...
International Arbitration as a Potential Forum for Business-Related Human Rights ...
...potential claimants deciding to use investment treaties for claims are taking an expensive leap of faith. This does not suggest, however, that states are immune from IP claims, or that...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...the world’s oldest arbitral institution. It is an intergovernmental organization founded at the First Hague Peace Conference held in 1899 at the initiative of Czar Nicholas II of Russia. States...
Balancing Private Equity Rights and Public Order in Investor-State Arbitration: ...
...common criticism of international law is that its standards are not effectively absorbed into domestic legal systems. While States may sign multilateral treaties to demonstrate adherence to international principles, the...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
Author: Gabriele Mazzini* Published: June 2014 Description: I. INTRODUCTION Investor-state arbitration is currently the most widely used method for the settlement of international investment disputes between investors and host States....