scholarly journals Who Wins in International Investment Arbitration Disputes? Evidence from Latin American and Caribbean Countries’ Cases under ICSID

2021 ◽  
Vol 13 (3) ◽  
pp. 81-113
Author(s):  
Gonzalo Ruiz Diaz
Keyword(s):  
Latin American ◽  
International Investment ◽  
Relative Strength ◽  
Important Influence ◽  
Host Countries ◽  
Investment Arbitration ◽  
Party Capability ◽  
The Subject ◽  
Latin American And Caribbean ◽  
Selection Of

During the nineties, an important group of Latin American and Caribbean (LAC) countries adhered to the International Center for Settlement of Investment Disputes (ICSID) as part of a programme of measures that sought to attract foreign investment to the region. With the aim of exploring the determinants of arbitration outcomes, I use a dataset of 161 concluded disputes until 2019 corresponding to investments in LAC countries, finding evidence on the influence of parties’ characteristics, the subject discussed in cases, and characteristics of the tribunal on the arbitration outcomes. I find that 50% of tribunal decisions have been favourable to either claimant investors or host countries. However, this result may be subject to sample bias if information of settlements and discontinued cases is not taken into consideration. I also find evidence in favour of selection and party capability theories that helps to explain the determinants of international investment arbitration dispute outcomes. In particular, the results reveal that disputes related to direct expropriations have a relatively higher probability of being considered founded by tribunals than other legal controversies. Likewise, the indicators of the relative strength of parties, such as experience in the international arbitration system, have an important influence on tribunal awards. Furthermore, country’s time of experience within ICSID is found to have an important influence on the selection of disputes.

scholarly journals Early contact: mother-and-infant bond in the first hour of life/Contato precoce: vínculo mãe-filho na primeira hora de vida/Contacto temprano: enlace madre-hijo en la primera hora de vida

2014 ◽  
Vol 3 (3) ◽  
pp. 94
Author(s):  
Fernanda De Moura Soares ◽  
Márcia Teles De Oliveira Gouveia ◽  
Silvana Santiago Da Rocha ◽  
Lucimar Ramos Ribeiro Gonçalves
Keyword(s):  
Breast Feeding ◽  
Latin American ◽  
Health Sciences ◽  
Professional Support ◽  
Skin Contact ◽  
Literatura Latinoamericana ◽  
The Subject ◽  
Skin To Skin ◽  
Latin American And Caribbean ◽  
Selection Of

ABSTRACT Objective: Identify the scientific productions on the subject skin-to-skin contact in the first hour of life. Methodology: This work is an integrative literature review was held in the Latin american and caribbean health sciences and Nursing database, using the descriptors early contact and breastfeeding. After the selection of the sample 12 articles were identified to compose the review. Results: From the analysis, the following categories emerged: Mother-and-infant skin-to-skin contact in the first minutes of life; Breast feeding as a benefit from imediate contact after birth and professional support for the woman in labour. Conclusion: The importance of skin-to-skin contact in promoting affection and the bond between mother and baby was ascertained and exclusive breast feeding was encouraged. Descriptors: Monther-Child Relations. Breast Feeding. Humanizing Delivery. Nursing. RESUMO Objetivo: Identificar as produções científicas sobre o tema contato pele a pele na primeira hora de vida. Metodologia: Trata-se de uma revisão integrativa da literatura, realizada nas bases de dados Literatura latino-americana e do caribe em ciências da saúde e Base de dados de enfermagem, utilizando os descritores contato precoce e aleitamento materno. Após a seleção da amostra foram identificados 12 artigos para compor a revisão. Resultados: Na análise emergiram as seguintes categorias: O contato pele a pele mãe-filho nos primeiros minutos de vida; A amamentação como benefício do contato imediato após o nascimento e Suporte profissional à parturiente. Conclusão: Constatou-se a importância do contato pele a pele para a promoção do afeto e vínculo mútuo entre mãe e filho, incentivando o aleitamento materno exclusivo. Descritores: Relações Mãe-Filho. Aleitamento Materno. Parto Humanizado. Enfermagem. RESUMEN Objetivo: Identificar las producciones científicas sobre el tema del contacto piel a piel en la primera hora de vida. Metodología: Se trata de una revisión integradora de la literatura, realizada en las bases de datos Literatura Latinoamericana y del caribe em ciencias de la salud y Base de datos de enfermeira, utilizando los descriptores de contacto precoz y la lactancia materna. Después de la selección de la muestra se identificaron 12 artículos para componer la revisión. Resultados: El análisis arrojó las siguientes categorías: La piel a piel madre-hijo en los primeros minutos de vida, la lactancia materna como un beneficio de contacto inmediatamente después del nacimiento y apoyo professional a la madre. Conclusión: Tomó nota de la importancia de la piel-a-piel para la promoción de afecto mutuo y el vínculo entre la madre y el niño, fomentando la lactancia materna exclusiva. Descriptores: Relaciones madre-hijo. Lactancia materna. Parto humanizado. Enfermería.

Selecting and Removing Arbitrators in International Investment Arbitration

2018 ◽  
Vol 2 (4) ◽  
pp. 1-93
Author(s):  
Chiara Giorgetti
Keyword(s):  
European Commission ◽  
Dispute Resolution ◽  
Working Group ◽  
International Investment ◽  
Critical Assessment ◽  
Reform Process ◽  
Policy Issues ◽  
Investment Arbitration ◽  
Selection And Appointment ◽  
Selection Of

AbstractThis book explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, this book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. It then reviews critically the necessary and desirable qualities for arbitrators’ selection and appointment, and addresses some important and related policy issues, such diversity and repeat appointments. Finally, it discusses the recent calls to review the methodologies used to appoint arbitrators, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Group III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes (ICSID Secretariat). In its second part, the book addresses the companion and similarly important issue of challenging and removing arbitrators. It does so by reviewing first the provisions that are appplied under a variety of arbitration rules to remove arbitrators who fail to possess the necessary qualities to sit in arbitral proceedings. It then evaluates the reasons for challenge and discusses some important cases that addressed challenges. The book assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

Race-ing Performativity through Transculturation, Taste and the Mulata Body

2002 ◽  
Vol 27 (2) ◽  
pp. 136-152 ◽  
Author(s):  
Alicia Arrizón
Keyword(s):  
Race Relations ◽  
Latin American ◽  
Subaltern Agency ◽  
The Subject ◽  
Latin American And Caribbean ◽  
The Way

A Cuban cocktail called mulata inspires an examination of the mulata body. Beyond an analysis of the cocktail as a commercial commodity, the mulata body can be placed within an intercultural space shaped by the processes of colonization, slavery and race relations. By examining the grammars in the mulata cocktail, the discussion moves the subject through other texts and discourses in order to mediate the mulata's embodied genealogy as a form of transculturation. As a hybrid body that inhabits a ‘racialized’ performativity, the mulata's subaltern agency is imagined beyond the exoticism charged to its presence in the Latin American and Caribbean contexts. A closer look at the mulata body helps to trace not only the process of objecthood affected by masculinist power and desire, but also by the way the process of subjecthood is performatively achieved.

The Investment Arbitration Practitioner: Chiara Giorgetti (ed.), Litigating International Investment Disputes: A Practitioner’s Guide.

2016 ◽  
pp. 295-318
Author(s):  
Robert G. Volterra ◽  
Giorgio Francesco Mandelli ◽  
Maria Fogdestam Agius
Keyword(s):  
Dispute Settlement ◽  
International Investment ◽  
Reference Guide ◽  
Early Stages ◽  
Investment Arbitration ◽  
Procedural Decisions ◽  
Selection Of

Among practical guides to international investment arbitration, Litigating International Investment Disputes stands out due to both its practitioner-friendly selection of topics and in its approach to discussing the myriad milestones of investment dispute proceedings. The contributing authors underline the strategic importance of making procedural decisions in the early stages of the dispute settlement process and offer concrete suggestions on how to use the special nature of investment arbitration to a client’s advantage. Despite omitting a number of helpful topics, and overburdening some chapters with excessive descriptive detail, Litigating International Investment Disputes should serve as a useful companion tool and reference guide, particularly for the less-seasoned investment arbitration practitioner.

scholarly journals Trends In Geriodontics Publication: A Specialty Emerging In Brazil

10.3823/2359 ◽  
2017 ◽  
Vol 10 ◽  
Author(s):  
Ana Karênina De Freitas Jordão do Amaral ◽  
Ana Karina Moreira de Vasconcelos ◽  
Ana Zuli Vidal Moreira de Freitas ◽  
Marcela Leiros Maciel Macedo ◽  
Mônica Rocha Rodrigues Alves ◽  
...  
Keyword(s):  
Oral Health ◽  
Latin American ◽  
Elderly Population ◽  
Historical Context ◽  
The Elderly ◽  
Caribbean Literature ◽  
The World ◽  
The Subject ◽  
Latin American And Caribbean

The population of Brazil and the world is aging. The great challenge is to grow old by maintaining quality of life with health, including oral health. The objective of this study was to identify the recurrent themes in Geriodontics, through a bibliometric survey, using the database of Latin American and Caribbean Literature in Health Sciences (LILACS), conducted in 2016. Geriodontics, as a relatively new specialty, presents major challenges related to the elderly population (oral health, prostheses, periodontics, for example). In view of a historical context of aging and increased elderly population, there is a concern to deepen the studies in relation to the subject. Knowing the problems allows offering a better service with quality and adequate training of the professional.

Problems of Investor-State Dispute Settlement (ISDS)

2020 ◽  
Vol 10 (2) ◽  
pp. 561
Author(s):  
Taewook KANG
Keyword(s):  
Dispute Settlement ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The United States ◽  
International Investment ◽  
Third Party ◽  
Host Countries ◽  
The Third ◽  
Investment Arbitration ◽  
Dispute Settlements

The research deals with Problems of Investor-State Dispute Settlement (ISDS) focused on Investment Arbitration. The author especially focuses on the problems under BIT (Bilateral Investment Treaties) and FTA (Free Trade Agreements. Mentioned in this article, International investment disputes are generated due to host countries and foreign investors. ISDS is Dispute settlements between investors and countries. This is not suit proceedings but arbitration proceedings. That is, ‘activities of the third party to arbitrate and settle disputes by intervening between parties in dispute. ’However, Dispute Settlement through this way, is it really reasonable and fair system? If it is indeed fair and reasonable system, advanced countries like the United States and Australia would not have abandoned it. Therefore, the investment arbitration system is never a dispute settlement proceeding that has been verified and stabilized internationally.  

Reform and Adaptation: The Experience of the Americas with International Investment Law

2020 ◽  
Vol 21 (1) ◽  
pp. 140-166
Author(s):  
Mélida N Hodgson
Keyword(s):  
Latin American ◽  
Dispute Settlement ◽  
Gain Control ◽  
International Investment ◽  
Reform Initiatives ◽  
International Investment Law ◽  
Investment Arbitration ◽  
American States ◽  
Investment Law ◽  
Double Digit

Abstract Over the last two decades Latin American States have been deluged with investor-State dispute settlement (ISDS) with double-digit cases, and billion-dollar damages awards. These States have sought to regain control of the narrative by embarking on various reform initiatives. This article first sets the scene with a brief review of the experience of Latin American States with investment arbitration over the last two decades, then examines the efforts undertaken in the last few years by Latin American States to gain control over their investment arbitration experience. This has been done on a bilateral, regional and supra-regional level. Reforms including the revisions of substantive provisions, as well as the development of regional arbitration fora are examined. Finally, it offers some thoughts on the prospects for the region’s reform movement.

Arbitration Under International Investment Agreements

2018 ◽  
Keyword(s):  
Dispute Settlement ◽  
Rapid Development ◽  
Burden Of Proof ◽  
International Investment ◽  
Third Party ◽  
Host Countries ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Key Topics ◽  
High Level

Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. This book describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration.

The Rise of Common Principles for Investment in Latin America: Proposing a Methodological Shift for Investor-State Dispute Settlement

2016 ◽  
Vol 17 (4) ◽  
pp. 614-633 ◽  
Author(s):  
José Gustavo Prieto Muñoz
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Dispute Settlement ◽  
International Investment ◽  
Critical Approach ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Investment Law ◽  
The 19Th Century

The present article argues for the need of an alternative way of thinking about international investment law and investor-State disputes in Latin America. The article explains how the current critical approach to foreign investment comes from a conceptual trajectory that originated in the 19th century with the work of Carlos Calvo, inspired in turn by Emer De Vattel’s conceptual model for international law, and how a principles discourse would be a viable alternative for enhancing the legitimacy of investment arbitration. The article further structures such a principles discourse in three clusters: general principles recognised by Latin American nations; principles compatible with concepts developed by investment arbitrators, and regional principles not yet recognised by international investment arbitrators. The last cluster contains in particular principles such as transparency and inclusion that ought to be the core of a Latin American discourse as the limit of the authority granted to investment arbitrators.

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