Academic literature on the topic 'Investor-state legal disputes'
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Journal articles on the topic "Investor-state legal disputes"
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Pelc, Krzysztof J. "What Explains the Low Success Rate of Investor-State Disputes?" International Organization 71, no. 3 (2017): 559–83. http://dx.doi.org/10.1017/s0020818317000212.
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AbstractThe treatment of foreign investment has become the most controversial issue in global governance. At the center of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which allows private firms legal recourse against governments if government interference has degraded their investment. Using newly released data covering 742 investment disputes, I assess some of the central claims about ISDS. I argue that the regime has indeed undergone an important shift: a majority of claims today deal not with direct takings by low-rule-of-law countries, but with regulation in democratic states. Such “indirect expropriation” claims have seen a precipitous decrease in their odds of legal success over the past twenty years. They are also far less likely to result in early settlement. These parallel trends may be a result of a rise in strategic litigation by investors whose aim is not only to obtain compensation but also to deter governments' regulatory ambitions.
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Tamlander, Matias. "Proposed Regulation of Third-Party Funding in Investor-State Dispute Settlement." Helsinki Law Review 14, no. 1 (February 8, 2021): 74–87. http://dx.doi.org/10.33344/vol14iss1pp74-87.
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Third-party litigation funding is increasingly used to finance legal claims in investor-state dispute settlement, with financiers funding investor claims against sovereign states in exchange for a share of potentially substantial compensation rendered in eventual arbitral awards. A chiefly unregulated phenomenon, third-party funding has been perceived especially controversial in the context of the investment arbitration regime, a system some allege is already ingrained with inequities. Third-party funding raises numerous policy questions, such as conflicts of interests, disclosure, costs of the proceedings, and even the entire permissibility of the practice in investor-state dispute settlement. This review raises various issues and concerns related to third-party funding in investor-state dispute settlement and presents the regulatory efforts and criticism thereof with regards to the reform of rules of both the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.
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Hafner-Burton, Emilie M., Zachary C. Steinert-Threlkeld, and David G. Victor. "Predictability Versus Flexibility." World Politics 68, no. 3 (May 23, 2016): 413–53. http://dx.doi.org/10.1017/s004388711600006x.
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There is heated debate over the wisdom and effect of secrecy in international negotiations. This debate has become central to the process of foreign investment arbitration because parties to disputes nearly always can choose to hide arbitral outcomes from public view. Working with a new database of disputes at the world's largest investor-state arbitral institution, the World Bank's International Centre for Settlement of Investment Disputes, the authors examine the incentives of firms and governments to keep the details of their disputes secret. The authors argue that secrecy in the context of investment arbitration works like a flexibility-enhancing device, similar to the way escape clauses function in the context of international trade. To attract and preserve investment, governments make contractual and treaty-based promises to submit to binding arbitration in the event of a dispute. They may prefer secrecy in cases when they are under strong political pressure to adopt policies that violate international legal norms designed to protect investor interests. Investors favor secrecy when managing politically sensitive disputes over assets they will continue to own and manage in host countries long after the particular dispute has passed. Although governments prefer secrecy to help facilitate politically difficult bargaining, secrecy diminishes one of the central purposes of arbitration: to allow governments to signal publicly their general commitment to investor-friendly policies. Understanding the incentives for keeping the details of dispute resolution secret may help future scholars explain more accurately the observed patterns of wins and losses from investor-state arbitration as well as patterns of investment.
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Mazaraki, Nataliia Anatoliivna. "EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS." SCIENTIFIC BULLETIN OF POLISSIA 1, no. 2(14) (March 1, 2018): 180–87. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-180-187.
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Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis. The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters defining. At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials. The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions. The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.
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Цирина, Мадина, and Madina Tsirina. "THE LEGAL NATURE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID)." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 106–13. http://dx.doi.org/10.12737/article_598063fb2cc860.59765189.
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The article discusses the criteria of the definition of «investment» and protecting the rights of foreign investors (diplomatic protection, judicial protection). Special attention is paid to questions of investment dispute settlement in the framework of the International center for settlement of investment disputes (International Centre for Settlement of Investment Disputes, ICSID) under the Convention on the settlement of investment disputes between States and natural and legal persons of other States 1965 (Washington Convention 1965), the competence of which is the resolution of legal disputes arising from relations connected with foreign investments, that is, relations between a foreign person (investor) and the state.
The author provides a detailed analysis of the Washington Convention of 1965, concluded that its provisions cover how to operate an international legal institution (ICSID), as well as regulate the procedure of the settlement of investment disputes. It is noted that, despite the fact that the arbitration and conciliation used in the resolution of investment disputes, based on the norms of international public law, established under the Washington Convention of 1965 on settlement of investment disputes (ICSID), is an international body and the rules of dispute resolution are contained in the text of the international agreements – the Washington Convention of 1965, which is intended to apply precisely to private law disputes.
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Rogers, Catherine A. "Apparent Dichotomies, Covert Similarities: A Response to Joost Pauwelyn." AJIL Unbound 109 (2015): 294–301. http://dx.doi.org/10.1017/s2398772300001628.
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In his thoughtful article, Joost Pauwelyn poses a perplexing question: How can it be that trade and investment are converging in their substantive “legal orders,” but diverging in terms of perceived legitimacy? Investor-State Dispute Settlement (ISDS), he argues, is in a “state of crisis” whereas World Trade Organization (WTO) dispute settlement is generally regarded as “successful.” Pauwelyn’s provocative and counter-intuitive explanation for this paradox focuses on the apparent differences between the pool of decision-makers in each regime: WTO disputes are resolved by nameless, faceless, panel-inexperienced bureaucrats who often lack legal training, whereas “investment arbitrators are typically high-powered, elite jurists” with more expertise and experience than their WTO counterparts.
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LISITSA, Valeriy Nikolayevich. "Responsibility of a Host State in Transnational Investment Disputes." Journal of Advanced Research in Law and Economics 9, no. 1 (September 22, 2018): 139. http://dx.doi.org/10.14505//jarle.v9.1(31).18.
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The article seeks to define the legal nature of the responsibility of a host state in transnational investment disputes. It considers numerous rules (treaties, national law, customs, soft law, etc.) and their application within a domestic legal system to ensure the proper implementation of civil and other legal rights and obligations of host states and foreign investors. It is argued that the involvement of foreign investors and host states in international commercial arbitration, including the ICSID, and the application of international law (along with national law) as a legal ground for the payment of compensation, do not change the nature of the existing legal relationship between the parties of the investment dispute. The responsibility of the host state to the foreign investor expressed in the state’s obligation to pay damages (compensation) remains in the private, rather than international public law sphere. In conditions of lack of proper rules of investment law states should not stand aside from the present process of making such rules by non-state actors. This situation detracts from the treaty as a major source of international law, sometimes does not correspond to the interests of host states and moreover may threaten their sovereignty.
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Marboe, Irmgard. "Damages in Investor-State Arbitration: Current Issues and Challenges." Brill Research Perspectives in International Investment Law and Arbitration 2, no. 1 (May 3, 2018): 1–86. http://dx.doi.org/10.1163/24055778-12340004.
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AbstractThe assessment of damages in investor-state arbitration involves complex legal and economic considerations. Particular challenges arise from the interdisciplinary nature of this endeavor. The present issue discusses some of the pertinent specificities in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of expropriation, but also commitments undertaken by states in bilateral investment treaties and contracts as well as changing economic circumstances need to be taken into consideration. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present volume analyses some of the most controversial and unsettled issues, including the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.
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Семилютина, Наталья, and Natalya Semilyutina. "Corporate Disputes and Development of Alternative Disputes Resolution." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7629.
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The article presents analysis of the practice of the corporate disputes resolution in commercial arbitration as well as in the state courts. According to the author the example “Maksimov case” which was often mentioned as an example of a corporate dispute resolved in commercial arbitration but set aside by the state justice proves that the line between corporate disputes and non-corporate dispute is almost invisible even after the legislation has been changed. The attempts to make corporate disputes non-arbitrable makes the regulation of the market relations unpredictable and spoils th investment climate. The so called “pocket arbitration” (or “corporate arbitration”) may be useful for the improvement of intercorporate relations, or resolution of the disputes among professionals. The “one-side” or “optional” arbitration clauses sometimes may serve as a form of investor protection of consumer protection as it gives the weak party advantage of choice of the form of the legal protection of its interests. According to the article, publication of arbitration rules and awards would make arbitration more transparent and more effective. The confidentiality should be preserved for the mediation proceedings. Author gives examples of various mediation proceedings. On the basis of the analysis the author makes recommendations for the improvement of the national legislation. Understanding arbitration and mediation as part of the judicial systems reform in Russia author recommends to use the international standards of regulation reflected in th UNCITRAL Model Arbitration Law.
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Valasek, M. J., and P. Dumberry. "Developments in the Legal Standing of Shareholders and Holding Corporations in Investor-State Disputes." ICSID Review 26, no. 1 (March 1, 2011): 34–75. http://dx.doi.org/10.1093/icsidreview/26.1.34.
Full textDissertations / Theses on the topic "Investor-state legal disputes"
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Pierre, Jeanet. "L'arbitrage impliquant les personnes publiques : tendances et perspectives." Thèse, 2015. http://hdl.handle.net/1866/12488.
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Cette étude aborde la problématique de la participation des personnes morales de droit public à l’arbitrage à l’occasion des litiges relatifs aux relations qu’elles entretiennent avec les personnes privées étrangères. Par opportunisme économique, un certain nombre de pays développés et en développement se montrent tout à fait favorables à ce que l’État se soumette au contentieux arbitral. Dans d’autres pays, tels qu’en Amérique latine et dans le monde arabe, il se manifeste des tendances nettement hostiles gravitant entre l’interdiction totale et une adhésion conditionnelle de l’État à l’arbitrage.
Deux écoles s’affrontent, celle des privatistes qui considèrent l’arbitre international comme le juge naturel du milieu des affaires, face à celle des étatistes qui postulent que les juridictions étatiques demeurent les seules habiles à connaitre souverainement des litiges opposants les personnes publiques à leur interlocuteur privé.
Les raisons qui sous-tendent l’assouplissement de certains gouvernements vers un élan libéral de l’arbitrage en droit public, résultent du phénomène globalisant de l’économie qui tend à réduire à néant les règles internes des États dans le cadre du nouvel ordre économique mondial. Par contre, les conséquences sociales, financières et juridiques des sentences arbitrales portent certains gouvernements à adopter une position réfractaire à l’arbitrage mettant en cause les entités publiques. Ils brandissent le droit à l’autodétermination des peuples pour éviter le bradage de leurs ressources au détriment des droits économiques, sociaux et culturels de leurs populations, et ce, en dépit du fait que l’investissement direct étranger joue un rôle considérable dans le développement des pays en émergence.
Notre défi ultime dans ce travail est d’explorer les diverses avenues permettant d’atteindre un juste équilibre entre les intérêts publics et la protection des investissements privés. Ceci exige un changement de paradigme qui prendra en compte les dimensions plurielles que constitue le contentieux investisseurs-États.This study investigates the difficulties that arise when legal disputes between public bodies and foreign private entities are resolved through arbitration. For economic expediency, some Western states and developing countries are quite open to the idea of resolving legal disputes by submitting to arbitration proceedings. Other countries, such as Latin America and the Arab world, have a clearly hostile approach to state participation in arbitration proceedings, ranging from total prohibition to conditional submission. There is a clash between two schools of thought: the privatist approach that considers international arbitration to be the business community’s natural forum, as opposed to the statist approach according to which only state courts are qualified to consider legal disputes between public bodies and private entities. The underlying reasons for the increased flexibility of certain governments in favor of a liberal move towards public law arbitration are a result of the globalizing effect of the economy, which tends to decimate domestic state laws within the framework of the new global economic order. On the other hand, the social, financial and legal consequences of arbitration awards render some governments resistant to arbitration involving public entities. They brandish the right to self-determination of peoples to guard against the depletion of their resources to the detriment of the economic, social and cultural rights of their populations. This is despite the fact that foreign direct investment plays a considerable role in the development of emerging countries. The ultimate aim of this study is to explore different avenues for striking a fair balance between public interests and the protection of private investments. This requires a paradigmatic change so as to take into account the multiple dimensions of legal disputes between the state and investors.
Books on the topic "Investor-state legal disputes"
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Makane Moïse, Mbengue, and Sagar Samarth. Part II Investor-State Arbitration in the Energy Sector, 15 Energy Investor-State Disputes in Africa. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198805786.003.0015.
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This chapter analyzes some of Africa's regulation in the energy sector, including national legislation in Kenya and Mozambique. The energy sector is particularly important on the African continent, which is replete with traditional energy resources such as oil, gas, and coal — and has recently been seeing a growing emphasis on renewable sources of energy. Historically, the African energy sector has been dominated by the petroleum industry, and to a large extent this is still true today. The chapter looks at the legal instruments relating to investors' rights in Africa and dispute resolution mechanisms therein, distinguishing treaties, municipal legislation, and contracts. The chapter concludes that a major trend of resource nationalism exists on the African continent.
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Borzu, Sabahi. Compensation and Restitution in Investor-State Arbitration. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199601189.001.0001.
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This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation put the aggrieved party in the ‘hypothetical position’ that would have existed if not for the wrongful act. Restitution, both material and judicial, is discussed as a form of reparation. Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Various forms of supplemental compensation, such as moral damages, interest, or arbitration costs, may also be necessary to fully restore the hypothetical position; these are discussed along with applicable limitations. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting.
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Foster, Caroline E. Global Regulatory Standards in Environmental and Health Disputes. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198810551.001.0001.
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Potentially global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and inferring a revised conception of sovereignty in an increasingly pluralistic global legal era. However, considered with regard to jurisprudential theory on relative authority, the legitimacy of the resulting ‘standards-enriched’ international law remains open to question. Procedurally, although they are well-placed to provide valuable input, international courts and tribunals should not be the only fora in which these standards are elaborated. Substantively, challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law’s legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
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Maxi, Scherer, ed. International Arbitration in the Energy Sector. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198805786.001.0001.
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Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. This book puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. The twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Chapter 1, the book delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes, investor-state disputes, and public international law disputes. Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, the book offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field.
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Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 3 Dispute Resolution Provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0003.
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Chapter 3 examines those aspects of dispute resolution provisions commonly found in bilateral investment treaties (BITs), with particular emphasis on four fundamental issues in the settlement of investment disputes through arbitration: (1) the clauses in investment treaties that provide for investor–State arbitration, focusing on the issue of the existence and limits of the consent to arbitrate; (2) transparency and the extent to which non-parties may be heard in the process; (3) the legal nature of the rights contained in investment treaties within the choice of law framework applicable to investment arbitration, in which both international law and host State law have a role to play; and (4) the overall approach to be taken to the interpretation of BITs under the general rule of interpretation provided in the Vienna Convention. The chapter concludes by discussing the role precedent plays in the development of investment treaty law.
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Gebert, Alexander. Legal Protection for Small and Medium-Sized Enterprises through Investor-State Dispute Settlement. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198795650.003.0012.
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The chapter illustrates the participation of small and medium-sized enterprises (SMEs) in the investor-state dispute settlement (ISDS) system, as well as obstacles from pursuing claims under investment treaties with corresponding solutions. SMEs are increasingly investing in foreign countries, and may be subject to state measures violating international law standards afforded under investment treaties. Investment treaties regularly also provide for ISDS as a means to enforce these standards by allowing foreign investors to commence arbitration proceedings against a state in a neutral forum. The chapter reveals that despite the perception as a dispute settlement mechanism accessible exclusively for large multinational corporations, in fact a substantial part of claimants in ISDS proceedings are SMEs. While it is true that high costs and the long duration of ISDS proceedings may be obstacles for SMEs, the flexibility of arbitration proceedings and the availability of external funding provide for opportunities to control time and costs.
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Frédéric Gilles, Sourgens, Duggal Kabir, and Laird Ian A. Part III Presumptions and Inferences, 6 Evidentiary Presumptions. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198753506.003.0006.
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This chapter considers presumptions, which serve as an efficiency or prudential function in court proceedings. Tribunals can make findings of fact by reference to presumptions. The use of presumptions means that the tribunal makes a determination of fact that is not premised upon direct evidence or project-specific circumstantial evidence. The tribunal instead is convinced of the truth of a fact premised upon the proof of relevant general surrounding circumstances. The use of presumptions is ubiquitous in investor-state arbitrations, as it is in other domestic and international disputes, because the predicate of a legal claim typically is the asserted deviation by one or both the parties of relevant general practices or expected background circumstances by the other.
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Kendra, Magraw. Notable Developments in International Investment Arbitration Case Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law-iic/9780198809722.016.0003.
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The years 2015 and 2016 saw dynamic and significant developments in international investment law and arbitration. This chapter discusses some notable decisions and developments in the case law that occurred during this period. It focuses on decisions that: are novel; address topical issues; may impact subsequent case law as a result of, amongst others, the interpretation of multilateral treaties or the development of legal doctrines; were particularly high-profile or garnered significant public attention; and/or may shape the development of the investor–state arbitration regime. The chapter is divided into six parts: security for costs; disclosure of third-party funding; strategic investment structuring to benefit from investment treaty protection; the first decisions issued in the Energy Charter Treaty (ECT) disputes against Spain; host states' right to regulate; and the enforcement and set-aside of arbitral awards.
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Perrone, Nicolás M. Investment Treaties and the Legal Imagination. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862147.001.0001.
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Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor–state dispute settlement (ISDS). This extraordinary status has made international investment law one of the most controversial areas of the global economic order. Unsurprisingly, its origin and evolution have been the subject of a long debate. This book adds to the discussion by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the likely outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these norm entrepreneurs planned for did not concretize, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of the norm entrepreneurs is remarkably similar to present ISDS practice. Common to both is what they protect—such as foreign investors’ legitimate expectations—as well as what they silence or make invisible. Our canon of imagination, of adjustment and potential reform, remains closely associated with the world-making project of the norm entrepreneurs of the 1950s and 1960s.
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Frédéric Gilles, Sourgens, Duggal Kabir, and Laird Ian A. Part IV Proving Your Case, 10 Witnesses and Experts. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198753506.003.0010.
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This chapter gives the first full-length treatment of the law and principles of evidence applicable to witness and expert testimony. One of the most underdeveloped areas in the literature concerns witnesses and experts. Witnesses and experts are crucial parts of any investor-state arbitration. In fact, most if not all investor-state arbitrations rely upon the testimony of witnesses and experts in order to prove central factual and legal issues in dispute between the parties. Hence, the chapter covers direct as well as cross-examination and aims to provide a better understanding to parties in framing witness statements as well as to counsel and tribunals in managing cross-examination at a hearing.
Book chapters on the topic "Investor-state legal disputes"
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Saravanan, A., and S. R. Subramanian. "International Legal Framework Relating to the Protection of Foreign Investment." In Role of Domestic Courts in the Settlement of Investor-State Disputes, 9–32. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-7010-0_2.
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Park, Deok-Young, and Yonjong Yoon. "Making Allowances for Carbon Emission Allowances in Investor-State Disputes: A Case Study of the Republic of Korea." In Legal Issues on Climate Change and International Trade Law, 133–51. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-29322-6_6.
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Valderrama, Carlos José. "Investor-State Dispute Prevention: The Perspective of Peru." In Public Actors in International Investment Law, 117–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_7.
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AbstractThis chapter examines state perspectives on investor-state dispute prevention drawing on the author’s personal experience and practice in Peru’s legal defence team. First, it focuses on identifying risks states experience when confronted with investor-state dispute settlement. Next, the chapter turns to particular experiences and general considerations regarding dispute prevention. Finally, it concludes with some recommendations for the implementation of certain dispute prevention practices.
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Bryhinets, Oleksandr, and Anastasiia Kovalova. "LEGAL PROBLEMS OF INTERNATIONAL SETTLEMENT OF INVESTMENT DISPUTES AS A FACTOR OF FINANCIAL ENSURING BUSINESS SAFETY." In CHALLENGES AND OPPORTUNITIES OF THE MODERN RISK SOCIETY: SOCIO-CULTURAL, ECONOMIC AND LEGAL ASPECTS, 122–31. OKTAN PRINT s.r.o., 2021. http://dx.doi.org/10.46489/caotm-21042612.
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International investment disputes between states arise in connection with different interpretation and application of the provisions of international investment treaties and agreements. As the matter of fact, such disputes also appear from violations of the provisions of international investment agreements that may prejudice the rights of foreign private investors. Since a dispute arises from a violation of investor rights, most modern investment treaties provide for the right of investors to submit a dispute to an independent arbitration or judicial authority. Investment disputes between the host state and the investor, mostly, come from the violation of international investment treaties that may become the subject of an interstate dispute only by mutual consent of the host state and the investor state.
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803874.003.0010.
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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate, 128–43. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840978.003.0010.
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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate, 133–48. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192895684.003.0010.
Full textAbstract:
This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
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Van Harten, Gus. "Origins of ISDS Treaties." In The Trouble with Foreign Investor Protection, 14–33. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198866213.003.0002.
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In this chapter, it is explained how investor–state dispute settlement (ISDS) treaties originate in the efforts of former colonial powers and international organizations, especially the World Bank, to constrain newly independent countries. The treaties grew slowly in the 1970s and 1980s and then very rapidly in the 1990s, setting the stage for today’s litigation boom. A new legal industry began to grow too, pursuing an opportunity, which arbitrators helped to create, to feed on the carcass of the pre-ISDS sovereign. In addition, institutions like the World Bank’s International Centre for Settlement of Investment Disputes, the Permanent Court of Arbitration, and the Stockholm Chamber of Commerce sought to attract the claims that brought business to the house.
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Jeswald W, Salacuse. "3 The Foundations of International Investment Law." In The Law of Investment Treaties. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.003.0003.
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This chapter examines the state of international investment law that exists in the absence of an applicable treaty, as that law remains an important foundation for the international law governing investments. One of the purposes of law is to protect the legitimate interests of persons, groups, and states, and to provide a mechanism for resolving disputes when those interests are in conflict. In any international investment transaction, there are three primary parties in interest: the investor, the host country in which the investment is made, and the home country of the investor. Each party ordinarily uses laws and legal devices to advance its perceived interests. The chapter then explores the sources of international law, as well as customary international law and general principles of law governing international investment. It also looks at customary international law on expropriation and breach of state contracts.
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Jaime, Margie-Lys. "A New Legal Framework for Improving Investor-State Dispute Settlement (ISDS)." In Privatizing Dispute Resolution, 483–532. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748900351-483.
Full textConference papers on the topic "Investor-state legal disputes"
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Fu, Lixiao. "Legal review on investor-state dispute settlement under TPP." In 2016 3rd International Conference on Modern Economic Technology and Management. Asian Academic Press Co., Limited, 2017. http://dx.doi.org/10.24104/rmhe/2017.02.02003.
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