18 research outputs found
Third-party participation in investment-environment disputes: Recent developments
This article outlines recent developments in investor-State dispute settlement related to the participation of third parties in arbitration. A particular focus is given to third party participation in disputes with a clear public interest based on the relevance of the cases to the protection of the environment, or sustainable development more generally. The benefits and drawbacks of third party participation and the relationship of participation to broader issues of transparency are also briefly discussed. © 2007 The Author. Journal compilation © 2007 Blackwell Publishing Ltd
The rule of law in the global economy: Explaining intergovernmental backing for private commercial tribunals
Assessment of Approximation of the Present Company, Corporate Governance, Accounting and Auditing Legislation and Existing Practices in Ukraine to EU Standards and Practices
An Analysis of Mauritius as an Arbitral Seat for International Commercial and Investment Dispute Resolution
The Non-Enforcement of International Commercial Awards as a Violation of Bilateral Investment Treaties
Role of Domestic Courts in the Investor-State Dispute Settlement Process: The Case of South Asian Bits
Institutional differences and arbitration mechanisms in international joint ventures
We theoretically and empirically study the effects of legal institutions on the inclusion of arbitration provisions in international joint venture (IJV) contracts. Legal institutions offer a public trilateral forum to handle interpartner disputes. However, these institutions function differently across countries, which can impede IJV partners from resolving disputes effectively through court systems. Alternatively, partners can take advantage of private trilateral resolution mechanisms in the form of arbitration. We argue and demonstrate that differences among partners' home country legal institutions regarding the legal traditions, as well as the importance of procedures and costs imposed in these countries for enforcing contracts, increase the likelihood of choosing arbitration over litigation. We also compare results for partners' recourse to IJV boards as a private, bilateral means of addressing conflicts