Search Results

You are looking at 1 - 10 of 2,365 items for :

  • All: "investment arbitration" x
  • Search level: All x
Clear All
Author:

arbitral award in Benvenuti & Bonfant S.r.l. v. Congo (1980), which, according to some authors, allegedly constitutes the starting point of moral damages in investment arbitration. It then criticises the award in Desert Line v. Yemen (2008) for its insufficient reasoning, as well as the subsequent

Open Access
In: The Law & Practice of International Courts and Tribunals

1 Introduction This chapter tells the story of the transformation of investment arbitration from an environment-blind system, concerned solely with the protection of foreign investors, to a system capable of actively contributing to environmental protection. Given the abundance of

In: A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector
Author:

© Koninklijke Brill NV, Leiden, 2021 | DOI:10.1163/24689017_017 chapter 16 Environmental Counterclaims in Investment Arbitration Anna Bilanová* Abstract This article explores the possibility of environmental counterclaims in the context of investment arbitration and arbitral rules, focusing in

In: European Investment Law and Arbitration Review Online

1 Introduction In the world of investment arbitration, 2019 and early 2020 have once again seen a rising number of cases brought by investors under various international investment agreements ( IIA s), 1 while in the world of policy UNCITRAL Working Group III is continuing its mandate

In: The Law & Practice of International Courts and Tribunals

, when a solution is imposed by arbitrators. Confidentiality . One of the evident advantages for a potentially losing party is confidentiality . This is especially sensitive in investment arbitration where most awards become public. Non-admission of liability . A settlement agreement in itself does

In: The Journal of World Investment & Trade

on the factual circumstances of the case. Nonetheless, a threshold or test should be defined in order to avoid uncertainty. But those difficulties are even worse when it comes to investment arbitration, which includes two parties of a different nature that are not bound by reciprocal obligations

In: The Law & Practice of International Courts and Tribunals

compelled to go with the flow. While there is no formal rule of stare decisis in investment arbitration, tribunals tend to follow prior rulings, leading to the formation of a jurisprudence constante or de facto practice of precedent. 24 Collegiality among the members of this fraternity results in a

In: The Journal of World Investment & Trade

points form two distinct hurdles to the international legal force of domestic law. Despite these hurdles, however, there are a significant number of avenues through which issues grounded in national law may be raised in international investment arbitrations beyond the consideration of ‘facts’. The

In: The Journal of World Investment & Trade

© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/187197311X552938 International Community Law Review 13 (2011) 111–124 I NTERNATIONAL C OMMUNITY L AW R EVIEW brill.nl/iclr The Element of Risk in International Investment Arbitration Marcin Kałduński Assistant Professor, Department of

In: International Community Law Review
Author:

The eu , through the European Commission, has taken a tough stance on intra- eu investment arbitration, essentially seeing intra- eu investment arbitration as an anomaly to be combatted by all means. 7 Article 344 of the Treaty for the Functioning of the European Union ( tfeu ) 8 provides that

In: The Law & Practice of International Courts and Tribunals