scholarly journals National Courts as Actors in Investment Arbitration

2021 ◽  
pp. 37-56
Author(s):  
Aniruddha Rajput
Keyword(s):  
Effective Means ◽  
International Courts ◽  
Applicable Law ◽  
The Road ◽  
National Courts ◽  
Investment Arbitration ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
The Relationship

AbstractNational courts are actors in investment arbitration since they influence the functioning of investment arbitration and are themselves in turn influenced by investment arbitration. The influence of national courts on investment arbitration is larger than the influence of other international courts and tribunals, since national law is part of the applicable law in investment arbitration and national courts are authorised to interpret and apply national law. National courts influence investment arbitration by competing for jurisdiction through the exhaustion of local remedies, umbrella clauses, and the fork-in-the-road rule. National courts facilitate investment arbitration by enforcing awards and at the same time disrupt it when rejecting enforcement or issuing anti-arbitration injunctions. Investment tribunals can restrain national courts by issuing anti-suit injunctions. Above all, they can review the decisions of national courts on grounds of denial of justice, fair and equitable treatment, the effective means test, and indirect expropriation. The the relationship between national courts and investment tribunals is such that the later have the last word, although the role of national courts as actors is certainly noteworthy.

scholarly journals Energy Charter Treaty – Standards of Investment Protection

2018 ◽  
Vol 24 (83) ◽  
pp. 52-83 ◽  
Author(s):  
Orsat Miljenić
Keyword(s):  
Broad Spectrum ◽  
Effective Means ◽  
National Treatment ◽  
Foreign Investors ◽  
Investment Protection ◽  
Investment Arbitration ◽  
Fair And Equitable Treatment ◽  
Energy Charter Treaty ◽  
Equitable Treatment

Abstract The Energy Charter Treaty (ECT) in its Part III which regulates standards of protection guaranteed to foreign investors by the ECT States members, together with the Article 24 of the ECT, constitutes a kind of autonomous investment treatment within the ECT. The ECT provides for a very broad spectrum of standards of protection: fair and equitable treatment; most constant protection and security; prohibition of unreasonable or discriminatory measures; „umbrella clause”; national treatment; most favoured-nation standard and effective means to assert the claims. It can be said that at the time of its drafting the ECT enclosed all standards of protection as recognized in BITs and NAFTA. There have been more than 100 publicly known investment arbitration cases where the ECT was invoked, more than 30 of which concluded by arbitral awards. This comprehensive arbitral practice strongly influences the practice applying other IIAs and vice versa.

scholarly journals The Road More Travelled: The Differential Effects of Spatial Experience in Young and Elderly Participants

2021 ◽  
Vol 18 (2) ◽  
pp. 709
Author(s):  
Antonella Lopez ◽  
Alessandro Germani ◽  
Luigi Tinella ◽  
Alessandro Oronzo Caffò ◽  
Albert Postma ◽  
...  
Keyword(s):  
Mental Representations ◽  
Spatial Relations ◽  
The Elderly ◽  
The Road ◽  
Socio Demographic Factors ◽  
Effects Of Aging ◽  
Coordinate Spatial Relations ◽  
Categorical Spatial Relations ◽  
The Relationship

Our spatial mental representations allow us to give refined descriptions of the environment in terms of the relative locations and distances between objects and landmarks. In this study, we investigated the effects of familiarity with the everyday environment, in terms of frequency of exploration and mode of transportation, on categorical and coordinate spatial relations, on young and elderly participants, controlling for socio-demographic factors. Participants were tested with a general anamnesis, a neuropsychological assessment, measures of explorations and the Landmark Positioning on a Map task. The results showed: (a) a modest difference in performance with categorical spatial relations; (b) a larger difference in coordinate spatial relations; (c) a significant moderating effect of age on the relationship between familiarity and spatial relations, with a stronger relation among the elderly than the young. Ceteris paribus, the role of direct experience with exploring their hometown on spatial mental representations appeared to be more important in the elderly than in the young. This advantage appears to make the elderly wiser and likely protects them from the detrimental effects of aging on spatial mental representations.

scholarly journals Relationship between Cycling Infrastructure and Transportation Cycling in a Small Urban Area

2021 ◽  
Vol 1 (1) ◽  
pp. 99-112
Author(s):  
Richard Larouche ◽  
Nimesh Patel ◽  
Jennifer L. Copeland
Keyword(s):  
Generalized Linear Models ◽  
Qualitative Data ◽  
Linear Models ◽  
The Other ◽  
Small City ◽  
The Road ◽  
The Past ◽  
Low Prevalence ◽  
The Relationship

The role of infrastructure in encouraging transportation cycling in smaller cities with a low prevalence of cycling remains unclear. To investigate the relationship between the presence of infrastructure and transportation cycling in a small city (Lethbridge, AB, Canada), we interviewed 246 adults along a recently-constructed bicycle boulevard and two comparison streets with no recent changes in cycling infrastructure. One comparison street had a separate multi-use path and the other had no cycling infrastructure. Questions addressed time spent cycling in the past week and 2 years prior and potential socio-demographic and psychosocial correlates of cycling, including safety concerns. Finally, we asked participants what could be done to make cycling safer and more attractive. We examined predictors of cycling using gender-stratified generalized linear models. Women interviewed along the street with a separate path reported cycling more than women on the other streets. A more favorable attitude towards cycling and greater habit strength were associated with more cycling in both men and women. Qualitative data revealed generally positive views about the bicycle boulevard, a need for education about sharing the road and for better cycling infrastructure in general. Our results suggest that, even in smaller cities, cycling infrastructure may encourage cycling, especially among women.

International Financial Disputes

2015 ◽  
Keyword(s):  
Financial Crisis ◽  
Dispute Resolution ◽  
Expert Witness ◽  
Financial Instruments ◽  
Applicable Law ◽  
Financial Products ◽  
Growth Area ◽  
Fair And Equitable Treatment ◽  
Specialist Knowledge ◽  
Equitable Treatment

This book provides specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration, and litigation). International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives, and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are discussed. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained.

Domestic courts, transnational law, and international order

2020 ◽  
Vol 26 (1_suppl) ◽  
pp. 184-208 ◽  
Author(s):  
Filiz Kahraman ◽  
Nikhil Kalyanpur ◽  
Abraham L. Newman
Keyword(s):  
International Law ◽  
International Order ◽  
International Diffusion ◽  
Conflict And Cooperation ◽  
Transnational Law ◽  
National Courts ◽  
Political Opportunities ◽  
Domestic Courts ◽  
The Relationship

This article revisits the relationship between law and international order. Building on legal research concerned with transnational law, we argue that domestic courts are endogenous sites of international political change. National courts are constitutive of international order by generating new rules, adjudicating transnational disputes, and bounding state sovereignty. We illustrate the ways in which national courts create new political opportunities by updating three core international relations theory debates. Recognizing the role of domestic courts as global adjudicators enhances our understanding of regime complexity and international forum shopping. By re-interpreting aspects of conventional international law, and engaging in cross-border dialogue, domestic courts challenge our understanding of international diffusion and judicialization. By redefining the boundaries of state authority and sovereignty, national courts create potential for conflict and cooperation. A transnational law perspective illustrates the porous nature between domestic and international spheres, highlighting how domestic courts have become adjudicators for state and non-state actors that operate across mainstream levels of analysis. Our approach calls on scholars to move beyond analyzing national legal systems as mechanisms of compliance to instead consider domestic courts as co-creators of international order.

scholarly journals What Roles Can Constitutional Law Play in Investment Arbitration?

2014 ◽  
Vol 15 (5-6) ◽  
pp. 862-888
Author(s):  
Laurence Boisson de Chazournes ◽  
Brian McGarry
Keyword(s):  
Constitutional Law ◽  
Dispute Settlement ◽  
Case Law ◽  
Recent Case ◽  
Treaty Ratification ◽  
Investment Arbitration ◽  
Fair And Equitable Treatment ◽  
Per Se ◽  
Equitable Treatment ◽  
Domestic Law

Interplays between international and domestic legal spheres have attracted increased attention in investor-State dispute settlement. From the treaty ratification process to award execution, constitutional norms play recurring roles before, during and after investment arbitrations. This contribution deals with the manner in which parties to such disputes can rely upon constitutional law or, more broadly speaking, domestic law. Notably, major hurdles to the application of domestic law in transnational fora have not necessarily constrained the arbitral profile of constitutional principles. This is because they may gain prominence through informal paths. Rather than directly applying constitutional law per se, tribunals may utilize other paths such as deferring to domestic interpretations of constitutional principles, or to constitutional procedures that appear, for example, to protect fair and equitable treatment. Reexamining recent case law through this lens of informal application, we can then envision other synergies that intermingle these regimes.

The road already traveled

2016 ◽  
Vol 40 (1) ◽  
pp. 26-62 ◽  
Author(s):  
Jessi Elana Aaron
Keyword(s):  
Potential Role ◽  
Internal Process ◽  
The Road ◽  
The Relationship

Usage-based models of language have proposed a dynamic, organized system based on analogy, or the recognition of similarity. The potential role of analogy between similar forms or constructions, however, is not often discussed. If we aim to illustrate grammaticalization and other diachronic processes not through one construction at a time — but by quantitatively assessing the relationship between constructions — we may better address the role of analogy as a mechanism of change. This quantitative, diachronic, corpus-based examination of language-internal constructional analogy is based on four forms in Spanish: altamente ‘highly’, enormemente ‘enormously’, extraordinariamente ‘extraordinarily’, and extremadamente ‘extremely’. These forms all occur in at least two basic constructions, in which they function as modifiers of verbs and as modifiers of modifiers. Analogical “transference” of paths of change between forms is proposed as a cross-linguistic language-internal process. Not only do forms compete with each other, but they also may borrow the path another has taken.

scholarly journals MUSIC MANAGEMENT- NEW OPPORTUNITIES NEW CHALLENGES

2015 ◽  
Vol 3 (1SE) ◽  
pp. 1-3
Author(s):  
Anjana Saxena
Keyword(s):  
Music Industry ◽  
File Sharing ◽  
New Music ◽  
Music Business ◽  
The Road ◽  
New Challenges ◽  
The Relationship ◽  
Do So ◽  
Financial Aspect

The transition to digital is changing the music industry. As technology has advanced over recent years, the music industry has consequently undergone a drastic change in the way it operates. This industry-wide shift has its pros and its cons: On one hand, the internet serves as an incredible platform on which anyone can exhibit their talent and potentially build a fan base. On the other hand, the presence of millions of people attempting to do so make it more and more difficult for any one person to stand out, and the reality of file sharing and illegal downloading makes the financial aspect of music much more complex. Regardless of one`s opinion about the road that the music industry has traveled down, a music manager must be flexible enough to keep up with the changes that the industry undergoes. The meaning and role of a “manager” has changed drastically over the last decade as the traditional business model has given way to the “new” music business Traditionally a manager managed an artist’s efforts to get signed to a label and once signed, he/she managed the relationship between the artist and the label. But given the state of labels today the unsigned artist must assume that he/she will never be signed and build a career accordingly. A traditional manager is often unable and ill – equipped to successfully manage and develop an artist’s career in the new environment.

Part II Ambit of Protection, 4 Parallel Proceedings

2017 ◽  
Author(s):  
McLachlan Campbell ◽  
Shore Laurence ◽  
Weiniger Matthew
Keyword(s):  
Dispute Resolution ◽  
State Courts ◽  
Breach Of Contract ◽  
The Road ◽  
Res Judicata ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
The Impact ◽  
The Relationship ◽  
Investment Treaty Arbitration

Chapter 4 deals with a complex set of problems that have arisen in determining the relationship between parallel claims in investment arbitration and other forms of dispute resolution, including proceedings in host State courts. Five issues which arbitral tribunals have had to confront in considering the impact of other forms of dispute resolution upon their jurisdiction are explored in particular: (1) the distinction between breach of contract and breach of treaty; (2) election, waiver, and ‘fork in the road’; (3) prior resort to local remedies; (4) internationalised contract claims and ‘umbrella clauses’; and (5) parallel treaty arbitration. The chapter considers the extent to which the general doctrines of lis pendens, res judicata, election, waiver, and abuse of process are capable of application in investment treaty arbitration.

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