LSN: Dispute Resolution (Topic)最新文献_第4页

The Reform of Investment Protection Rules in CETA, TTIP and Other Recent EU-FTAs: Convincing? CETA、TTIP和近期其他欧盟自贸协定投资保护规则改革:令人信服吗?

LSN: Dispute Resolution (Topic) Pub Date : 2016-12-12 DOI: 10.2139/SSRN.2885279

C. Tietje, Kevin L. Crow

引用次数: 7

Brexit and the Consequences for Commercial and Financial Relations between the EU and the UK 英国脱欧及其对欧盟和英国之间商业和金融关系的影响

LSN: Dispute Resolution (Topic) Pub Date : 2016-09-20 DOI: 10.2139/SSRN.2841333

Matthias B. Lehmann, D. Zetzsche

{"title":"Brexit and the Consequences for Commercial and Financial Relations between the EU and the UK","authors":"Matthias B. Lehmann, D. Zetzsche","doi":"10.2139/SSRN.2841333","DOIUrl":"https://doi.org/10.2139/SSRN.2841333","url":null,"abstract":"The UK’s withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the background of the possible scenarios (British accession to the European Economic Area (EEA), bilateral trade agreement with the EU, or ‘hard’ exit with third-country status), it scrutinizes Brexit’s consequences in five areas: contract law, the law of non-contractual obligations, corporate law, financial law, and international litigation. With regard to contract law, it examines the effects on the determination of the applicable law and on substantive contract law, in particular the possibility to terminate contractual agreements. Concerning non-contractual obligations, it deals with the conflict rules applicable to torts, which may change. In the context of corporate law, the focus is on the status of companies organized under English law that are domiciled in Member States, as well as on the fate of European public companies headquartered in Britain. Insolvency matters will also be discussed. The part on financial law analyses the options for EU market access available to English banks, asset and fund managers as well as insurance companies in light of the passport granted to EEA firms and the equivalence requirements for third-country firms. As regards international litigation, the discussion turns on the post-Brexit determination of the competent court as well as the recognition and enforcement of British judgements in the EU.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123020173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 18

New Ways of Dispute Resolution in Investment Protection Cases 投资保护案件纠纷解决的新途径

LSN: Dispute Resolution (Topic) Pub Date : 2016-08-08 DOI: 10.2139/ssrn.3102277

Zsófia Deli

{"title":"New Ways of Dispute Resolution in Investment Protection Cases","authors":"Zsófia Deli","doi":"10.2139/ssrn.3102277","DOIUrl":"https://doi.org/10.2139/ssrn.3102277","url":null,"abstract":"The European Union, post-Lisbon, rose as a powerful new player in the field of investment treaty making when ‘Foreign Direct Investment’ in a shift from previous member state competence was included in exclusive EU competence as part of the common commercial policy (Article 207(1) TFEU). Those who expected that the European Union's appearance in the international investment arena would also radically alter the existing regime of dispute resolution apparently proved to be right. At least this is what transpires from the texts of the most recent free trade agreements to be entered into by the EU with Canada and the United States respectively, which envisage the set-up of a two-tier semi-permanent investment body for the resolution of investment disputes arising under the agreements. This novel dispute resolution system, which marks a clear break from the traditional investor-state dispute settlement mechanisms relying on treaty-based arbitration, understandably stands in the crossfire of heated professional debate and public attention. This is all the more so understandable when the European Commission shows the commitment to move towards establishing a permanent \"multilateral investment court\" with an even wider-scale impact. This paper aims at presenting an in-depth analysis of the envisaged \"investment court system\" while examining, in contrast, the traits, shortcomings and legitimacy of traditional dispute settlement mechanisms applied in investment protection cases.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125365076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

African Countries and the Challenges of Trade Remedy Mechanisms within the WTO 非洲国家与世贸组织内贸易救济机制的挑战

LSN: Dispute Resolution (Topic) Pub Date : 2016-06-23 DOI: 10.2139/ssrn.2799553

Ousseni Illy

引用次数: 1

Assessing the Benefits of Allowing Amicus Curiae Briefs in Investor-State Arbitrations: A Developing Country's Perspective 评估在投资者-国家仲裁中允许法庭之友陈述的好处:一个发展中国家的视角

LSN: Dispute Resolution (Topic) Pub Date : 2016-06-13 DOI: 10.2139/SSRN.1310753

Paul Kenneth Mwirigi Kinyua

引用次数: 0

State of Confusion: The Doctrine of 'Clean Hands' in Investment Arbitration After the Yukos Award 混乱状态:尤科斯案后投资仲裁中的“清白之手”原则

LSN: Dispute Resolution (Topic) Pub Date : 2016-05-04 DOI: 10.1163/22119000-01702002

P. Dumberry

引用次数: 12

Do States Practice What They Preach or Breach What They Practice?: Fixing the Sovereign Bond Issue (and the Issuer) 国家是言出必行，还是违背了自己的言行?:解决主权债券发行(和发行人)问题

LSN: Dispute Resolution (Topic) Pub Date : 2016-04-26 DOI: 10.2139/ssrn.2776418

K. Dickson-Smith

引用次数: 0

Human Rights Law in International Investment Arbitration 国际投资仲裁中的人权法

LSN: Dispute Resolution (Topic) Pub Date : 2016-04-12 DOI: 10.2139/SSRN.2731770

Vivian Kube, E. Petersmann

{"title":"Human Rights Law in International Investment Arbitration","authors":"Vivian Kube, E. Petersmann","doi":"10.2139/SSRN.2731770","DOIUrl":"https://doi.org/10.2139/SSRN.2731770","url":null,"abstract":"Parts I-III of this paper give an overview of references to human rights – mainly at the initiative of host states and non-governmental third parties, but increasingly also by complainants and judges on their own initiative – in international investment disputes and investor-state arbitral awards and the responses by investment tribunals to such human rights arguments. They discuss the problems of ‘legal fragmentation’ of international investment law and human rights law, the need for judicial balancing of state-centered ‘principles of justice’ (like state responsibility) and person-oriented principles of justice (such as human rights and ‘proportionality balancing’) in trade and investment disputes, and related problems of legal methodology. Part IV concludes with a brief discussion of the increasing impact of the human rights obligations of all UN member states on investment disputes in other international courts and in private commercial arbitration, for instance due to the UN Guiding Principles on Business and Human Rights and their approval and increasing incorporation by thousands of transnational corporations and non-governmental organizations (like the International Federation of Football Associations) into their commercial contract practices.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128950830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 16

Deferring Future Damages to Future Tribunals: The Jurisdictional Obstacles 将未来的损害赔偿推迟到未来的法庭:司法障碍

LSN: Dispute Resolution (Topic) Pub Date : 2016-02-01 DOI: 10.1093/ICSIDREVIEW/SIV050

Peter Tzeng

引用次数: 0

Consistently Inconsistent: What is a Qualifying Investment Under Article 25 of the ICSID Convention and Why the Debate Must End 一贯不一致:什么是ICSID公约第25条下的合格投资，为什么争论必须结束

LSN: Dispute Resolution (Topic) Pub Date : 2016-01-27 DOI: 10.2139/SSRN.2723456

Jeremy Marc Exelbert

{"title":"Consistently Inconsistent: What is a Qualifying Investment Under Article 25 of the ICSID Convention and Why the Debate Must End","authors":"Jeremy Marc Exelbert","doi":"10.2139/SSRN.2723456","DOIUrl":"https://doi.org/10.2139/SSRN.2723456","url":null,"abstract":"In our increasingly globalized world community, international investment has helped to pave the way. Consequently, the International Centre for Settlement of Investor Disputes (ICSID) - existing under the mandate of the World Bank and with the stated purpose of increasing economic development abroad - has become the leading international arbitration mechanism currently available for settling disputes arising out of such investments. It is unsettling therefore that the interpretation of “investment” within Article 25 of the ICSID Convention (the provision that determines whether an ICSID tribunal may exercise jurisdiction over a dispute) has given rise to a unique interpretive controversy as the ICSID Convention fails to define “investment.” Accordingly, ICSID tribunals (bound neither by precedent or a definition of “investment” contained within the Convention) have interpreted the term inconsistently, providing a source of unpredictability for investors and host countries alike, as they are unable to adequately ascertain whether an investment in their eyes is an investment that qualifies for ICSID protection. Given the associated risks with international investment generally, such unpredictability unnecessarily increases the costs of foreign investment, impeding efficient economic growth abroad. An unfortunate consequence of this controversy is that many ICSID tribunals have taken an investor-centric view, going so far as to exercise jurisdiction over activities that directly contravene the ICSID convention's stated purpose.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127745159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0