Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bias (Law) (1)
- Commercial treaties (1)
- Dispute resolution, conflict resolution, process design, transitional justice, truth and reconciliation, reconciliation, psychology, trauma, emotional and psychological support, victim, perpetrator (1)
- International commercial arbitration (1)
- Investments, Foreign--Law and legislation (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Osgoode Legal Studies Research Paper Series
We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue – especially extra-large companies with more than USD10 billion – and individuals with more than USD100 million in net wealth. ISDS has produced monetary benefits primarily for those companies or individuals at the expense of respondent states. Incidentally, we also found that extra-large companies’ success rates in ISDS, especially at the merits stage, exceeded …
Designing Emotional And Psychological Support Into Truth And Reconciliation Commissions, Verlyn F. Francis
Designing Emotional And Psychological Support Into Truth And Reconciliation Commissions, Verlyn F. Francis
Osgoode Legal Studies Research Paper Series
Truth and reconciliation commissions are a dispute resolution process used to attempt reconciliation of disputants after internal conflicts and civil wars. A large component of this transitional justice process involves truth-telling by perpetrators and victims.
Using the example of the South African Truth and Reconciliation Commission, this article argues that successful reconciliation depends on the design of the process. It is important for the designers of conflict resolution process to balance individual and institutional interests while ensuring all stakeholders are at the design table. Since truth-telling in these circumstances usually involves recalling and testifying about traumatic events, it is important …
Implementation Of Arbitration Decisions In Domestic Law, J. Scott Wilkie
Implementation Of Arbitration Decisions In Domestic Law, J. Scott Wilkie
Articles & Book Chapters
Arbitration, even if it seems simply providing for the possibility of arbitration, is increasingly attracting attention as a possible means to discipline the resolution of otherwise potentially intractable international tax controversies concerning the allocation of taxing rights under tax treaties.While perceived, though not without reservation, to be a potential welcome addition to a typical mutual agreement procedure (MAP) patterned on article 25 (“the MAP article”) of the OECD Model Tax Convention on Income and Capital(“the OECD Model”) in the form of article 25(5), other provisions of article 25, notably its “interpretive” and “application,”and “legislative”,aspects and contemplated recourse to a “joint …
Arbitrator Behaviour In Asymmetrical Adjudication (Part Two): An Examination Of Hypotheses Of Bias In Investment Treaty Arbitration, Gus Van Harten
Arbitrator Behaviour In Asymmetrical Adjudication (Part Two): An Examination Of Hypotheses Of Bias In Investment Treaty Arbitration, Gus Van Harten
Osgoode Hall Law Journal
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (1) foreign investors over states overall, (2) foreign investors from major Western capital-exporting states over other foreign investors, and, albeit based on more limited data, (3) the United States as a respondent state over other respondent states. The evidence is derived from an extensive content analysis of the arbitrators’ resolution of fourteen legal issues that are contested among arbitrators or in secondary literature. The findings …