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Fifteen years ago, sociologist Yves Dezalay and lawyer Bryant Garth wrote an enormously successful book in which they asked a simple but important question: What sort of people become successful arbitrators? The main result of their research was to identify two quite different generations of...
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This first comprehensive empirical study on provisional measures in investment treaty arbitration examines more than a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers an insight into how international tribunals treat applications for...
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The protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the...
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An English version of this paper can be found at 'http://ssrn.com/abstract=2865717 ' http://ssrn.com/abstract=2865717 Japanese Abstract:...
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The International Centre for Settlement of Investment Disputes is an intergovernmental organisation at the core of the system of investor-state dispute settlement (ISDS). ICSID is busier than ever with the number of cases pending at its historical maximum. However, the legitimacy of the system...
Persistent link: https://www.econbiz.de/10012836594
This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. It first demonstrates the importance of fair procedures in international administrative law by giving an overview of cases in national courts in which the failure...
Persistent link: https://www.econbiz.de/10012936431