ICO s. A tokenized fund is a hybrid between an ICO and a traditional VC investment. This hybrid model was launched by a VC firm Blockchain Capital in 2017, when Blockchain Capital set up a separate Blockchain Capital III Digital Liquid Venture Fund incorporated in Singapore, which under its
of English common law. The adoption of this hybrid has historical origins. Dutch settlers arrived in the area known as the Western Cape of South Africa in the mid-seventeenth century. In 1806 English forces defeated the Dutch settlers and claimed the Cape of Good Hope as a British territory. 45
dispute settlement is global administrative law. 4 The hybridity argument that perceives investment law as a discipline at the crossroads of public and private law has also conceded investment arbitration’s public law nature, to the extent that elements of diplomatic protection are read into ISDS. 5
a matter of international law, the Tribunal would do best to apply a ‘hybrid’ interpretive approach, ‘taking into account both [PNG’s] domestic law on statutory construction and international law’ (para 265). However, as between the two modes, the Tribunal’s approach generally prioritized that of
Argentina’s jurisdictional and admissibility objections.
Scope of the ICSID Convention
With respect to the characterisation of the proceedings, the Tribunal notes that the Abaclat tribunal had described the case before it as a ‘hybrid kind of collective proceedings,’ combining features of ‘aggregate
an interpretative tool that investment tribunals have recently begun to employ in their decision-making processes. 3 Third, the decision highlights the hybrid nature of investment disputes, 4 the relevance of domestic law and the difficulties that investment tribunals may encounter in the
pursues an exceptional growth model, a unique political structure, and a dynamic business environment (see: Anwar, 2011, 2012; Backer, 2012; Coase and Wang, 2012; The World Bank, 2012; Xu, 2011 ; Zhang et al., 2013 ). At the same time, China is a unique country with a distinctive hybrid economy
evidence of the expert is objective and impartial.
Whilst the book rightly criticises the counsel-expert hybrid, the solution of subjecting expert witnesses to professional rules (implying that they collectively, from the hydrographic scientist to the mechanic, are part of a collective ‘profession’) is
, including provisions dealing with pre- establishment commitments Recently, a compromised hybrid approach has been suggested. This approach uses different definitions for the pre-establishment and post- establishment stages of investment: a narrow approach for market access and investment liberalization (pre
, where there is party choice the preferred choice however was, typically, a choice of any form of law so long as it was not strictly that of the host State. The ‘general principles of law’, ‘principles of Islamic law’, or in the usual hybrid form the host State’s law ‘and international law’ may be chosen