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Investor-State Dispute Settlement: A Scoping Paper for the Investment Policy Community
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greaterExpand
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Foreign State Immunity and Foreign Government Controlled Investors
Discussions at the “Freedom of Investment” Roundtables, hosted by the OECD Investment Committee, have stressed that increased investments by foreign State-controlled investors can bring significantExpand
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Investor-State Dispute Settlement
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greaterExpand
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Addressing the balance of interests in investment treaties: The limitation of fair and equitable treatment provisions to the minimum standard of treatment under customary international law
The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims.Expand
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Investment Treaties and Shareholder Claims for Reflective Loss: Insights from Advanced Systems of Corporate Law
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholdersExpand
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Adjudicator Compensation Systems and Investor-State Dispute Settlement
Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensationExpand
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The Pureora Project 1940–78
In the late 1930s, NZFS began to consider long-term management plans for the remaining native forests. The result as applied to the west Taupo forests, the Pureora Working Circle, was delayed by warExpand
Investment Treaties and Shareholder Claims: Analysis of Treaty Practice
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such asExpand
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Investment Treaties as Corporate Law: Shareholder Claims and Issues of Consistency
Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’Expand
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