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Full-Text Articles in Law
Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento
Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento
Lucas Bento
The growing internationalization of Brazilian organizations calls for a greater array of investment protections available to them, particularly as they weave through an increasingly competitive and uncertain global economy. This article argues that the Brazilian government should consider ratifying BITs so as to provide greater protections to its own – domestic – investors.
Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll
Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll
Jeffrey M. Colon
Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …
International Investment Arbitration: Winning Losing And Why, Susan Franck
International Investment Arbitration: Winning Losing And Why, Susan Franck
Susan D. Franck
None available.
Rationalizing Costs In Investment Treaty Arbitration, Susan Franck
Rationalizing Costs In Investment Treaty Arbitration, Susan Franck
Susan D. Franck
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations - including the costs of lawyers for both sides, as well as administrative and tribunal expenses - are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more than 10% of an average award. The data suggested a lack of certainty about total costs, which parties had ultimate liability for costs, and the justification …
The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan Franck
The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan Franck
Susan D. Franck
None available.
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Susan D. Franck
The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this Article explores the role of development status in arbitration outcomes. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The Article then assesses how (1) the development status …
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Susan D. Franck
No abstract provided.