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Full-Text Articles in Law
Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill
Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill
Columbia Center on Sustainable Investment Staff Publications
With the rise of treaty-based investor-state dispute settlement (“ISDS”) which has taken place over the last two decades, a number of governments have adopted varying approaches to avoid those arbitration cases. Countries including Bosnia and Herzegovina, Colombia, Mexico, Mongolia, and Peru have pursued such initiatives, often with the support of intergovernmental organizations such as the United Nations Convention on Trade and Development (“UNCTAD”) and the World Bank.
In the context of discussions on ISDS reform taking place at the United Nations Commission on International Trade Law (“UNCITRAL”), some states have identified development and implementation of such ISDS-avoidance strategies and tools …
The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit
The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit
UAEU Law Journal
Arbitration as means of settling commercial disputes between parties of different nationalities has been a popular and successful alternative to national court proceedings. Moreover, arbitration allows the parties to choose the applicable law governing their agreement. International arbitral rules generally allow the parties to an arbitration agreement to choose the substantive law that will govern the dispute. 1 However, this right of choice of applicable law involves various elements, one of the most troublesome of which is the choice of substantive law to be applied in a given dispute. An arbitrator is bound to reach a decision in accordance with …
Mining In Guatemala: Human Rights And Investment Treaty Arbitration, Valentina Capotosto
Mining In Guatemala: Human Rights And Investment Treaty Arbitration, Valentina Capotosto
Human Rights Brief
No abstract provided.