Essays about: "ISDS"

Showing result 1 - 5 of 16 essays containing the word ISDS.

  1. 1. Replacing Investment treaty arbitration? Problems, reform, and transformation

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Sirvan Ahmadzadeh; [2022]
    Keywords : ISDS; ITA; Reform proposal; Transformative proposal; MIC; ICS.;

    Abstract : .... READ MORE

  3. 2. Exchanging Bilateral Investment Treaties and Investor-State Dispute Settlement for the Acquis Communautaire : A three-stage analysis of the effects for investors, the level of investment protection and for the flow of Foreign Direct Investment on the internal market

    University essay from Stockholms universitet/Juridiska institutionen

    Author : Carl Oscarsson; [2022]
    Keywords : ;

    Abstract : Through the judgements of Achmea and PL Holdings, the Court of Justice of the European Union (CJEU) has prohibited the use of Investor-State Dispute Settlement (ISDS) as well as the enforcement of any awards stemming from such procedures within the European Union (EU). This means that investors on the internal market can no longer enjoy the protection which was awarded to them by the protection standards inherent in the Bilateral Investment Treaties (BITs) which were previously relied upon by investors in the Member States (MS), and which provided for the possibility of ISDS. READ MORE

  4. 3. THIRD-PARTY FUNDING IN INVESTOR-STATE ARBITRATION

    University essay from Uppsala universitet/Juridiska institutionen

    Author : VICTOR NNAMDI FORGHE; [2022]
    Keywords : Third-Party Funding; Disclosure; Litigation Privilege; Confidentiality; Regulation; ISDS; Investment Treaty Arbitration.;

    Abstract : Third-Party funding refers to a financing arrangement in which a non-party entityprovides financial resources to a disputing party in return for some benefits whichis usually dependent on the outcome of the dispute before the court or tribunal.These benefits could be for pecuniary profits or for the achievement of somepolicy objectives. READ MORE

  5. 4. A Rebalancing Act? - Human Rights and Environmental Counterclaims in International Investment Arbitration

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Ellen Bisting; [2022]
    Keywords : public international law; international investment law; ISDS; international arbitration; human rights; environment; counterclaims; Law and Political Science;

    Abstract : International investment law (IIL) is a highly complex area of law that consists of around 3000 international investment agreements (IIAs) that aim to promote and protect foreign investment. They provide for investor-State dispute settlement (ISDS) which gives investors the right to sue host States directly through international arbitral tribunals. READ MORE

  6. 5. Regulating under IIAs - An Analysis of the Balance of the State’s Right to Regulate and Expropriation

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Alexander Gyllenstierna; [2022]
    Keywords : International investment agreements; the state’s right to regulate; expropriation; sustainable development; Law and Political Science;

    Abstract : States or regions conclude IIAs to protect and promote foreign investments, among other things, by prohibiting states’ from ‘taking’ or adopting measures equivalent to ‘taking’ the foreign investors’ property, known as expropriation. However, the state needs regulatory space, but how much is unclear and controversial. READ MORE