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Jan Asmus Bischoff

protection, the World Bank’s General Counsel, Mr Aron Broches , in 1961 proposed creating a platform for the neutral settlement of investment disputes. After intense negotiation, the ICSID Convention was concluded in 1965 and entered into force shortly thereafter on 14 October 1966. The first case, Holiday Inns v Morocco , was filed with the ICSID in 1971, based as in most cases filed during the first 20 years of ICISD on a contractual arbitration clause ( Holiday Inns SA and others v Morocco , ICSID Case No ARB/72/1; reported by Pierre Lalive, ‘The First “World Bank

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Valentina Vadi

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration 4.    Reasonableness in investment treaty arbitration One man’s ‘reason’ is the other man’s insanity. 1 Paul K. Feyerabend Introduction Under most investment treaties, states have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Many of the recent arbitral awards have determined the boundary between two conflicting values: the legitimate sphere for state regulation in the pursuit

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Metka Potočnik

Arbitrating Brands 8.    Remedies in trade mark investment arbitration 1.    INTRODUCTION Several concerns have been raised in light of the Philip Morris cases, in which private companies sought to rescind tobacco control measures, because they allegedly diminished the value of investments made in their IPRs. The possibility of protecting IPRs under investment treaties raises a series of questions on enforceability of these rights against states. Compared to remedies available to IP holders under national IP laws, are remedies under

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Michael Wolfgang Müller

JOBNAME: Hofmann PAGE: 1 SESS: 5 OUTPUT: Wed Jan 25 11:37:41 2017 13. International financial institutions in investment law and arbitration Michael Wolfgang Müller I. THE ROLE OF INTERNATIONAL AND SUPRANATIONAL INSTITUTIONS IN THE (NEW) GLOBAL FINANCIAL ARCHITECTURE In response to the global financial crisis, the global financial architecture is being reassessed: proposals at both international and European level show a trend towards fortifying supra- and international institutions.1 Internationally, already the statement of political leaders at the G20 London

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Edited by Thomas Cottier and Krista Nadakavukaren Schefer

II.52 Permanent Court of Arbitration (PCA) Brooks W Daly and Judith Levine II.53 ICC International Court of Arbitration Galina Zukovan II.54 Arbitration Institute of the Stockholm Chamber of Commerce (SCC) Joel Dahlquist Cullborg II.55 London Court of International Arbitration (LCIA) Baiju S Vasani II.56 Ad hoc Investment Arbitration Ucheora Onwuamaegbu

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Foreign investment arbitration

Towards Default Arbitration

Gilles Cuniberti

Rethinking International Commercial Arbitration 2.    Foreign investment arbitration In the last decade, international arbitration has become, in effect, the default mode of dispute resolution in foreign investment law. When a foreign investor wants to bring proceedings in respect of its investment, it may initiate arbitration proceedings against the host State irrespective of whether it and the said State included any arbitration clause in their contract. Indeed, there is often no contractual relationship between the investor and the host State, but

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Simon Klopschinski

11. Public policy considerations in intellectual property-related international investment arbitration Simon Klopschinski 1. INTRODUCTION In 2010 the tobacco company Philip Morris initiated international investment arbitration against Uruguay arguing that Uruguayan anti-smoking legislation, which restricted the use of brands and increased the size of health warnings on cigarette packages, deprived Philip Morris of its intellectual property (IP) rights in Uruguay and therefore violated its rights under the Switzerland-Uruguay Bilateral Investment Treaty (BIT) of

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Heather L. Bray

JOBNAME: Schill PAGE: 1 SESS: 5 OUTPUT: Tue Jan 23 12:16:54 2018 4. Understanding change: Evolution from international claims commissions to investment treaty arbitration Heather L. Bray I. IT ALL STARTED WITH A BIG BANG The history of investment treaty arbitration is often depicted in a way analogous to the big bang theory.1 Like the universe, investment treaty arbitration is often theorized as emerging at a single point in time resulting in its ongoing expansion or evolution, although the actual date the ‘big bang’ occurred is contested.2 For some, the birth

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Claire Buggenhoudt

JOBNAME: Tan PAGE: 1 SESS: 3 OUTPUT: Fri Jul 28 09:13:54 2017 15. The public interest in international investment arbitration on natural resources Claire Buggenhoudt INTRODUCTION Although the concept of sustainable development remains controversial, the 2012 outcome document of the Rio+20 Conference on Sustainable Development confirmed that the promotion of sustainable development requires the integration of economic, social and environmental aspects. Promoting sustainable development in all three of these areas is especially challenging in the context of

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Ole Kristian Fauchald and Daniel Behn

JOBNAME: EE10 Bailliet PAGE: 1 SESS: 5 OUTPUT: Fri Mar 22 09:28:06 2019 9. World peace and international investment: the role of investment treaties and arbitration Ole Kristian Fauchald and Daniel Behn 1. INTRODUCTION There is a long-standing claim and ambition in international investment law that treaties and customary international law contribute to economic development in countries hosting investments and that juridical settlement of international disputes can and does provide a peaceful remedy for conflicts arising between states and investors.1 Claims