7_Boie, B. - NCCR Trade Regulation
... Third Dimension of Fragmentation: Investment Law v. other Law, such as Human Rights or Environmental Law ...
... Third Dimension of Fragmentation: Investment Law v. other Law, such as Human Rights or Environmental Law ...
Statement of the European Union and the United States on Shared
... the same external environment and competing on a level playing field in a given market. 3. Strong Protection for Investors and Investments: Governments should provide the highest possible level of legal certainty and protection against discriminatory, arbitrary, and otherwise unfair or harmful treat ...
... the same external environment and competing on a level playing field in a given market. 3. Strong Protection for Investors and Investments: Governments should provide the highest possible level of legal certainty and protection against discriminatory, arbitrary, and otherwise unfair or harmful treat ...
Arbitrage
... “When the threat of litigation represents an inhibiting factor in the policy-makers’ decisions to adopt regulatory measures in the public interest” vs. A tribunal may take into account whether a party made “a specific representation to an investor to induce a covered investment, that created a l ...
... “When the threat of litigation represents an inhibiting factor in the policy-makers’ decisions to adopt regulatory measures in the public interest” vs. A tribunal may take into account whether a party made “a specific representation to an investor to induce a covered investment, that created a l ...
150528 ISDS CAMs final
... treatment of European investors in the US on account of existing agreements of Member States; to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances while benefiting from no greater rights than domestic inves ...
... treatment of European investors in the US on account of existing agreements of Member States; to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances while benefiting from no greater rights than domestic inves ...
DATE
... contracts require that investors submit to arbitration if they feel wronged; in other words, investors must surrender their right to seek recourse in a court or in front of a jury. Limiting an investor’s ability to access the judicial system results in a lack of confidence in their investment profes ...
... contracts require that investors submit to arbitration if they feel wronged; in other words, investors must surrender their right to seek recourse in a court or in front of a jury. Limiting an investor’s ability to access the judicial system results in a lack of confidence in their investment profes ...
Two lectures on international investment law
... General issues of international investment law to be discussed The Norwegian Government’s proposal for Model for Future Investment Agreements and the submissions in the public consultation. There is an English translation of the Model and several of the submissions are ...
... General issues of international investment law to be discussed The Norwegian Government’s proposal for Model for Future Investment Agreements and the submissions in the public consultation. There is an English translation of the Model and several of the submissions are ...
RTF 260K - High Court of Australia
... Policy Statement was removed from the Commonwealth Government's website. An ISDS clause was included in the Australia-Korea Free Trade Agreement and, it would seem, is under discussion for the TPP.11 Late last year a Senate Committee considered a Private Member's Bill which would have prohibited the ...
... Policy Statement was removed from the Commonwealth Government's website. An ISDS clause was included in the Australia-Korea Free Trade Agreement and, it would seem, is under discussion for the TPP.11 Late last year a Senate Committee considered a Private Member's Bill which would have prohibited the ...
EU - Myanmar Bilateral Investment Treaty Briefing
... agreements offer very broad protection to foreign investors, including rights under contract, their rights of establishment and entry as well as its operations and exit. Under many bilateral investment agreements all sectors of the economy are covered unless explicit reservations are made in the agr ...
... agreements offer very broad protection to foreign investors, including rights under contract, their rights of establishment and entry as well as its operations and exit. Under many bilateral investment agreements all sectors of the economy are covered unless explicit reservations are made in the agr ...
Investor-State Dispute Settlement — A Cut Above the Courts?
... There are over 3,000 BITs currently in force. Australia is party to 21 of them in the form of Investment Protection and Promotion Agreements, all of which contain ISDS provisions. In addition, Australia is party to seven FTAs with New Zealand, Singapore, Thailand, the United States, Chile, the Assoc ...
... There are over 3,000 BITs currently in force. Australia is party to 21 of them in the form of Investment Protection and Promotion Agreements, all of which contain ISDS provisions. In addition, Australia is party to seven FTAs with New Zealand, Singapore, Thailand, the United States, Chile, the Assoc ...
Investment Provisions in Trade and Investment
... 1. ISDS shifts key powers to for-profit arbitrators who are not publicly-accountable or judicially independent.11 Whenever foreign investors choose to bring a claim, the arbitrators are given the power to make final decisions about what a country can do in its sovereign legislative, executive, and ...
... 1. ISDS shifts key powers to for-profit arbitrators who are not publicly-accountable or judicially independent.11 Whenever foreign investors choose to bring a claim, the arbitrators are given the power to make final decisions about what a country can do in its sovereign legislative, executive, and ...
tratamiento a la inversion extranjera en el ecuador
... Ecuadorian IIA policy: a complex and dynamic process ...
... Ecuadorian IIA policy: a complex and dynamic process ...
in South Asia - South Solidarity Initiative
... Investment – Sustainable Development – Paradox Extra legal protection for investors Developing countries signed them to attract investment and capital. Corporates can drag governments to international arbitration process and claim huge compensation. Corporates do not need to go through domestic cour ...
... Investment – Sustainable Development – Paradox Extra legal protection for investors Developing countries signed them to attract investment and capital. Corporates can drag governments to international arbitration process and claim huge compensation. Corporates do not need to go through domestic cour ...
Not So Fast - Columbia Center on Sustainable Investment
... chapters of both deals. Business associations are pushing to include an arrangement by which a foreign investor (such as a U.S. company operating abroad) can sue the host government if the company alleges that government actions are unjustly harming the firm's profitability. The mechanism creates an ...
... chapters of both deals. Business associations are pushing to include an arrangement by which a foreign investor (such as a U.S. company operating abroad) can sue the host government if the company alleges that government actions are unjustly harming the firm's profitability. The mechanism creates an ...
Investment treaties: the emerging crisis
... between pairs of governments (of which there are now around 3,000) and the investment chapter contained in bilateral or regional free trade agreements (especially those involving the United States). Many of these agreements have ‘investor-to-state’ dispute systems, under which a private company or i ...
... between pairs of governments (of which there are now around 3,000) and the investment chapter contained in bilateral or regional free trade agreements (especially those involving the United States). Many of these agreements have ‘investor-to-state’ dispute systems, under which a private company or i ...
Download case study as PDF
... First introduced during the de-colonisation era, bilateral investment treaties (BITs) set out to encourage investments into developing countries by protecting foreign investors against arbitrary government measures. Most investment treaties offer binding international arbitration in cases of dispute ...
... First introduced during the de-colonisation era, bilateral investment treaties (BITs) set out to encourage investments into developing countries by protecting foreign investors against arbitrary government measures. Most investment treaties offer binding international arbitration in cases of dispute ...