Relevant bibliographies by topics / Arbitration and investment treaties

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Arbitration and investment treaties'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Arbitration and investment treaties"

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Choudhury, Barnali. "Democratic Implications Arising from the Intersection of Investment Arbitration and Human Rights." Alberta Law Review 46, no. 4 (2009): 983. http://dx.doi.org/10.29173/alr213.

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In the last two decades, investors have taken advantage of investment arbitration mechanisms in investment treaties to challenge state regulations, often implicating human rights issues. This article examines the conflict between states’ human rights obligations and their obligations under investment treaties. The first part of the article examines common obligations arising under investment treaties and the investment arbitration process created by the treaties. In the second part, the author examines the way in which investment treaties and arbitrations impact human rights concerns. In parti
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de Sá Ribeiro, Marilda Rosado, and Orlando José Guterres Costa Júnior. "Global Governance and Investment Treaty Arbitration: The Importance of the Argentine Crisis for Future Disputes." Law and Practice of International Courts and Tribunals 14, no. 3 (2015): 417–37. http://dx.doi.org/10.1163/15718034-12341301.

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Foreign direct investments are important catalysts for national development and states have sought to attract investment by ratifying investment treaties that offer guarantees to foreign investors and that allow foreign investors to file an arbitration against a host state directly before an international tribunal. However, investment treaty arbitrations do not act only as a mechanism of dispute settlement; they also have a global governance role. They review the legality of state conduct through their adjudicative powers, in reference to those obligations that are narrowly stipulated in inves
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Daradkeh, Lafi. "Commercial Arbitration under Investment Treaties and Contracts: Its Importance and Danger in the Arab World." Arab Law Quarterly 27, no. 4 (2013): 393–413. http://dx.doi.org/10.1163/15730255-12341269.

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Abstract Given the importance of investments, a number of international and regional conventions have been set up in order to protect the parties to investment contracts by adopting arbitration as a method to resolve any dispute that might arise from such contracts. Despite the importance of commercial arbitration for foreign investment treaties and contracts, the process of its application has revealed many of the risks investment poses to the host, particularly Arab, country. This is because commercial arbitration has often been used as a legal means to protect foreigners from the harmful co
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Atai, Ardeshir. "Arbitration of investment disputes under Iranian investment treaties." Journal of Money Laundering Control 14, no. 2 (2011): 130–57. http://dx.doi.org/10.1108/13685201111127795.

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Schill, Stephan W. "Illegal Investments in Investment Treaty Arbitration." Law & Practice of International Courts and Tribunals 11, no. 2 (2012): 281–323. http://dx.doi.org/10.1163/157180312x640697.

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Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but also dealt with the effect of illegality in the absence of such clauses. The present article traces this increasingly complex jurisprudence and frames it as an issue of the relationship between domestic law and international investment law. Although
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Arif, Sahra. "The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea." European Investment Law and Arbitration Review Online 4, no. 1 (2019): 147–77. http://dx.doi.org/10.1163/24689017_00401007.

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The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrat
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Trinh, Hai Yen, and The Hoang Nguyen. "Procedural Transparency in the Settlement of Treaty-Based Investment Disputes in EVIPA and CPTPP." Vietnamese Journal of Legal Sciences 2, no. 1 (2020): 58–75. http://dx.doi.org/10.2478/vjls-2020-0010.

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AbstractImportant characteristics of commercial arbitration include privacy and confidentiality; nonetheless, in investor-state arbitration, most of the investment treaties or arbitral rules referred therein often seek to enhance transparency and public participation by introducing three new features to investment arbitration’s proceedings: public access to documents related to the arbitration, public access to hearings; and amicus curiae submission. Those provisions generally contain exceptions to maintain a balance between the public interest on the one hand, and the interest of the disputin
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Romero, Eduardo Silva, and Ana Carolina Simões E. Silva. "The Declaration of the 1st Ministerial Meeting of the Latin American States Affected by transnational interests." International Legal Materials 52, no. 6 (2013): 1321–26. http://dx.doi.org/10.5305/intelegamate.52.6.1321.

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In the past decade, Latin American States have begun to voice strong criticisms of the existing system for the settlement of disputes between foreign private investors and States through international arbitration based on investment treaties. Since the end of the nineties, said system has undergone an extraordinary development due to the direct right of action granted to foreign investors by investment treaties. Indeed, the great majority of the thousands of investment treaties existing today not only grant substantive protection to investments made by investors of one State party in the terri
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Ngobeni, Lawrence. "Do the SALINI Criteria apply to the Definition of an Investment provided in Annex 1 of the 2006 and 2016 SADC Protocol on Finance and Investment? An Assessment." Potchefstroom Electronic Law Journal 23 (July 1, 2020): 1–33. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a5132.

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An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is no investment to which the dispute relates. The challenge in this regard lies in that there is no uniform definition of an investment in international economic law, and with regard to investor-state disputes in particular. Bilateral Treaty Agreements (BITs), Treaties with Investment Provisions (TIPs), investment contracts and legislation provide different definitions of an investment. However, these definitions are not always final or sufficient, since there are different method
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Bakhshali Zeynalli, Nargiz. "MOST-FAVORED NATION TREATMENT CLAUSE IN INVESTMENT ARBITRATION." SCIENTIFIC WORK 65, no. 04 (2021): 379–82. http://dx.doi.org/10.36719/2663-4619/65/379-382.

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Bilateral and regional investment agreements have proliferated in the last decade and new ones are still being negotiated. Most-Favored-Nation (MFN) clauses link investment agreements by ensuring that the parties to one treaty provide treatment no less favorable than the treatment they provide under other treaties in areas covered by the clause. MFN clauses have thus become a significant instrument of economic liberalization in the investment area. Moreover, by giving the investors of all the parties benefiting from a country’s MFN clause the right, in similar circumstances, to treatment no le
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Dissertations / Theses on the topic "Arbitration and investment treaties"

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Sinclair, Anthony Charles. "State contracts in investment treaty arbitration." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648775.

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Pauker, Saar. "Characterization problems in investment treaty arbitration." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609210.

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Florou, Aikaterini. "Contractual renegotiations and International investment arbitration : a relational contract theory interpretation of investment treaties." Thesis, Paris, Institut d'études politiques, 2017. http://www.theses.fr/2017IEPP0026.

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La relation entre les traites internationaux d’investissement et les contrats sous-jacents reste un sujet très contentieux dans le domaine du droit international de l’investissement. Cette thèse explore l’interaction entre le contrat et le traité en utilisant la renégociation des contrats règlementaires dans le secteur de l’infrastructure énergétique comme un exemple d’ « expérience naturelle », en se focalisant en particulier sur les litiges arbitraux découlant de la crise économique en Argentine. A cette fin, un cadre analytique original, s’inspirant de l’économie des coûts de transaction et
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Glowinski, Lars. "International Arbitration - protection of foreign direct investments and foreign investment dispute settlement under ICSID and the bilateral investment treaties." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4622.

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This thesis shall represent the arbitration regime under the International Centre for Settlement of Investment Disputes (ICSID) in connection with protection mechanism of Bilateral Investment Treaties (BITs). It shall analyse the achievements of ICSID and BITs and their influence of foreign direct investments, investors and the host country. Finally, this thesis will try to assess the achievements in this area and discuss advantages or disadvantages for the involved parties. Individuals and corporations are interested in foreign direct investments (FDI) to exploit new markets, to realize or to
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Yackee, Jason D. Oatley Thomas H. "Sacrificing sovereignty bilateral investment treaties, international arbitration, and the quest for capital /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2007. http://dc.lib.unc.edu/u?/etd,737.

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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2007.<br>Title from electronic title page (viewed Dec. 18, 2007). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science (International Relations)." Discipline: Political Science; Department/School: Political Science.
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Weeramantry, Joseph Romesh Gregory. "The interpretation of treaties by foreign investment arbitral tribunals." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28971.

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This thesis explores the rules of treaty interpretation as they are applied by foreign investment arbitral tribunals ("FIATs"). Its primary aims are: a) to determine whether FIAT treaty interpretation practice is generally consistent with other international courts and tribunals; b) to assess whether the treaty interpretation rules contained in the 1969 Vienna Convention on the Law of Treaties ("Vienna Convention") are suitable for application in investor-State treaty disputes; and c) to evaluate the contribution of FIAT treaty interpretation jurisprudence to international law. The body of the
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Koch, Alexander. "The Interaction of Most-Favored-Nation (MFN) Clauses With Dispute Settlement Provisions in Investment Treaties : A New Continent to Discover?" Thesis, Stockholm University, Department of Law, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-7197.

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<p>The master thesis provides a comprehensive and comparative analysis of the scope of most-favoured-nation clauses, focusing on the application of such clauses to dispute resolution mechanisms in bilateral investment treaty’s (BIT).</p><p>The ICSID decision in Maffezini was the first in a series to extend the scope of an MFN clause to dispute resolution in such context. Traditionally, such a clause had been relied on regarding substantive rights. The debate evoked by this and subsequent decisions of arbitral tribunals, which often conflict with each other in their outcome and in their analyti
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Ferreira, Agata. "How and why does Sustainable Development influence International Investment Law in the current Globalization Era. Compatibility or Irreconcilability?" Doctoral thesis, Universitat Ramon Llull, 2017. http://hdl.handle.net/10803/456675.

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El dret d'inversió internacional s'ha convertit en un instrument jurídic potent de la gestió econòmica mundial. Amb la seva cobertura global dels tractats internacionals d'inversió i un mecanisme d'arbitratge d'inversió efectiva, la llei d'inversió internacional ofereix als inversors estrangers potents eines per protegir els seus interessos econòmics en els països d'acollida. Tal ampli abast territorial del règim i la seva capacitat per envair l'espai polític dels estats d'origen i la capacitat d'interferir amb les preocupacions socials crítics de les qüestions ambientals per al patrimoni naci
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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.

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Magister Legum - LLM<br>The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australi
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Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.

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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eli
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Books on the topic "Arbitration and investment treaties"

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The law of investment treaties. Oxford University Press, 2010.

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Ghouri, Ahmad Ali. Interaction and conflict of treaties in investment arbitration. Kluwer Law International, 2015.

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Weeramantry, J. Romesh. Treaty interpretation in investment arbitration. Oxford University Press, 2012.

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Sureda, Andrés Rigo. Investment treaty arbitration: Judging under uncertainty. Cambridge University Press, 2012.

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Investment treaty arbitration: Judging under uncertainty. Cambridge University Press, 2012.

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Investment treaty arbitration and public law. Oxford University Press, 2007.

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Evolution in investment treaty law and arbitration. Cambridge University Press, 2011.

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Lluís, Paradell, ed. Law and practice of investment treaties: Standards of treatment. Wolters Kluwer Law & Business, 2009.

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Hamilton, Jonathan C. Latin American investment protections: Comparative perspectives on laws, treaties, and disputes for investors, states and counsel. M. Nijhoff Publishers, 2012.

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E, Garcia-Bolivar Omar, and Hernando Otero, eds. Latin American investment protections: Comparative perspectives on laws, treaties, and disputes for investors, states and counsel. M. Nijhoff Publishers, 2012.

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Book chapters on the topic "Arbitration and investment treaties"

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Mavromati, Chrysoula, and Sarah Spottiswood. "Voices That Shape Investment Treaties: Inside, Outside and Among States." In Public Actors in International Investment Law. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_1.

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AbstractInvestment arbitration awards often give the impression that investment treaties are designed to reflect the interests of two actors: “investors” and “states”. There are in fact a myriad of actors, or “voices”, behind each word in an investment agreement. This chapter identifies three broad categories of voices: voices inside, outside and among states. It explores the range of voices that influence investment treaty text by reference to those three categories. The chapter argues that modern investment treaties are multifaceted texts that are influenced by a range of voices from within and outside of government.
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Gazzini, Tarcisio. "Beyond Protection: The Role of the Home State in Modern Foreign Investment Law." In Public Actors in International Investment Law. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_2.

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AbstractThe chapter examines the evolution of the role of the home state in foreign investment law. Traditionally, such a role was essentially limited to norm-setting and protecting nationals and national companies abroad. Protection was typically offered through diplomatic protection, which was based on the legal fiction that the state was vindicating its own right. The conclusion of modern investment treaties, the progressive emancipation of foreign investors and the development of investor-state arbitration meant a marginalisation of the home state. Some recent treaties, however, have paved the way for a new role for the home state that goes well beyond protection of its nationals and national companies. Innovative provisions have introduced obligations and responsibilities for the home state, especially with regard to the fight against corruption and the liability of its own investors. It remains to be seen to which extent these provisions will spread across the international community of states.
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Sadowski, Wojciech. "The Rule of Law and the Roll of the Dice. The Uncertain Future of Investor-State Arbitration in the EU." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_13.

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AbstractInvestment treaty law and EU law began to develop in the same era and share some important philosophical and axiological foundations. The pressure on the CEE countries to enter into numerous bilateral investment treaties in late 80s and early 90s, in the context of the EU accession aspirations of the former communist countries, was likely to result, eventually, in a conflict between EU law and investment treaty law. The conflict could have been managed in three different ways, yet the CJEU decided in Achmea to declare an undefined volume of intra-EU arbitrations to be incompatible with EU law. This important judgment, which delivered an outcome desired by the European Commission and a number of Member States, is based on questionable legal reasoning that creates high uncertainty in this area of law. The doubts include the scope of application of Achmea, which is now a highly debatable issue. The CJEU itself saw it necessary to limit the scope of Achmea by declaring in Opinion 1/17 (CETA) that the legal reasoning of Achmea did not apply to investment protection treaties with third countries. The Member States of the EU remain politically divided in their views as to whether Achmea applies to the Energy Charter Treaty. And while the problems with the rule of law and independence of the judiciary in certain Member States continue to grow, Achmea has left an important gap for which there is no substitute in the current architecture of the EU legal system.
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Cristani, Federica. "The Role of Sub-Regional Systems in Shaping International Investment Law-Making: The Case of the Visegrád Group." In Public Actors in International Investment Law. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_8.

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AbstractThe present chapter focuses on the role of the Visegrád group (or V4, comprising Slovakia, Hungary, Poland and the Czech Republic) in international investment law-making. The chapter starts with a brief overview of the V4 group as a sub-regional system in Europe, including its modus operandi and main achievements in the field of economic cooperation. Subsequently, it turns to the regulation of foreign direct investment (FDI), both at the level of each V4 state and at EU level—with particular regard to the implication of the EU’s exclusive competence on FDI. Special attention is paid to the approach of the V4 countries towards the question of termination of intra-EU bilateral investment treaties (BITs)—including an overview of the related objections to jurisdiction that the four countries have raised over the years in investor-state arbitrations based on intra-EU BITs—and to the relationship of the V4 group with non-EU countries—especially with (selected) East Asian countries. The main question is whether—and to what extent—the V4 group as a sub-regional system has a role to play in international investment law-making. The chapter highlights the proactive and advocacy role that the V4 group has traditionally played in manifold subject-matters, including the promotion and protection of FDI, and supports the positive “soft power” the V4 may exercise in this respect.
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Scharaw, Bajar. "International Investment Treaties." In European Yearbook of International Economic Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66089-9_2.

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Reinisch, August. "Necessity in Investment Arbitration." In Netherlands Yearbook of International Law Volume 41, 2010. T. M. C. Asser Press, 2011. http://dx.doi.org/10.1007/978-90-6704-737-1_6.

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"Arbitration Innovations in Recent U.S. Investment Treaties." In International Arbitration. Brill | Nijhoff, 2013. http://dx.doi.org/10.1163/9789004249318_009.

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"Arbitration and Bilateral Investment Treaties (BITs) in the MENA Region." In International Investment Arbitration. Routledge, 2016. http://dx.doi.org/10.4324/9781315589428-15.

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"The Metamorphosis of Investment Treaties." In International Investment Law and Arbitration. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781316847954.005.

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"The Metamorphosis of Investment Treaties." In International Investment Law and Arbitration, 2nd ed. Cambridge University Press, 2021. http://dx.doi.org/10.1017/9781108913652.005.

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Conference papers on the topic "Arbitration and investment treaties"

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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that
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G., Adinda Balqis Tegarmas, and Derry Krisna Susanto. "Implication of Bilateral Investment Treaties on Sustainable Development: Indonesia Mining." In Airlangga Conference on International Relations. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010273400790085.

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Elfakharani, Ashraf. "Are Bilateral Investment Treaties (BITs) a Safe Haven to Multinational Companies (MNCs)?" In ISSC 2016 International Conference on Soft Science. Cognitive-crcs, 2016. http://dx.doi.org/10.15405/epsbs.2016.08.34.

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Tuncay, Ahmet. "Arbitration Rules in Turkish Legal System." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00807.

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International companies, with the countries having the relations of commerce and investment, would refer to go to arbitrators, which is completely based upon their free will, to remove or minimise the risks in their own legal systems, to provide the disputes resolve fast and effective way, during the resolution of disputes. Also in our country, to provide the improvement of the international commerce and to promote investment of foreign and local corporation, according to the national and international arbitration legal regulations are made and international agreements are signed by taking not
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Medić, Ines, and Mia Grgić. "IS THERE A CONSISTENCY IN THE EU’S APPROACH TOWARDS INVESTMENT ARBITRATION?" In Fifth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2019. http://dx.doi.org/10.31410/limen.2019.111.

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Sayın, Uğur. "International Commercial Arbitration Institutes." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00808.

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Because of exportation and importation of countries, the amount of commerce enlarged, therefore foreign agreements increased. Because of having differnet law systems of the contries the people, working on permanent investment and commerce wishes to have the suitable arbitration that they want.From this point of view, begining from the year 1898, It has been worked on to develop contraptions do international authorized commercial court’s duty. Then permanent arbitration council was established, Cenevre Convention, New York Convention was established, and the rules of international arbitration c
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DU, Tian-Yu. "Research on Conflicts of Interest Arising from Third-Party Funding In International Investment Arbitration." In Proceedings of the 4th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2018). Atlantis Press, 2019. http://dx.doi.org/10.2991/sschd-18.2019.77.

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"China’s Solution of International Investment Dispute Arbitration Settlement Mechanism under The “Belt and Road” strategy." In 2020 Conference on Economics and Management. Scholar Publishing Group, 2020. http://dx.doi.org/10.38007/proceedings.0000548.

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Thiel, Fabian. "TTIP, CETA, AND THE LAND: ON THE EFFECTS OF INVESTMENT TREATIES FOR THE REAL ESTATE SECTOR IN AFRICAN EMERGING ECONOMIES." In 16th African Real Estate Society Conference. African Real Estate Society, 2016. http://dx.doi.org/10.15396/afres2016_147.

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Ding, Xia. "The impact of network case database in international investment arbitration on the background of big data era." In 2015 2nd International Conference on Wireless Communication and Sensor Network (WCSN 2015). WORLD SCIENTIFIC, 2016. http://dx.doi.org/10.1142/9789813140011_0088.

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Reports on the topic "Arbitration and investment treaties"

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Blonigen, Bruce, and Ronald Davies. Do Bilateral Tax Treaties Promote Foreign Direct Investment? National Bureau of Economic Research, 2002. http://dx.doi.org/10.3386/w8834.

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