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The potential for multiplicity of proceedings under international investment treaties has been the subject of concern and much recent debate. One of the most significant drawbacks identified is the possibility of inconsistent outcomes. Cases with materially identical facts and causes of action...
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This article considers a range of procedural defences argued by state parties in investment treaty arbitration proceedings. These defences are based upon the co-existence of obligations that bind Contracting Parties to the Treaty on the European Union (‘TEU') signed at Maastricht in 1992 and...
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Empirical research on the impact of investment treaties has focused almost exclusively on their effect on foreign investment, with mixed results. Yet, another important promise of the treaties has been ignored altogether. Architects of the investment treaty regime, as well as many current...
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The chapter refers to the issue of oil prices in the context of international investment arbitrations whose jurisdiction is based on bilateral investment treaties (BITs) or the Energy Charter Treaty (ECT). It first analyzes State and industry practice and as well as the legal conclusions of...
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