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General principles of law are a valid source of law for arbitral tribunals. The Vienna Convention 1 allows recourse to general principles of law. In Bilateral Investment Treaty (hereinafter “BIT”) interpretation but also in International Commercial Arbitration (hereinafter “ICA”)/International...
The World Trade Organization’s primary purpose is to promote trade liberalization for the benefit of all its members. Being a self-enforcing trading system, the Dispute Settlement Mechanism (DSM) is its central pillar. Despite critics praising the DSM for its efficiency, the aim of this article...
Over the past several years, numerous scholarly studies put a spotlight on the destination of observance of commitment clauses as private investors increasingly sought to utilize the ‘umbrella mechanism’ in disputes arising out of breaches of contractual and similar non-treaty obligations by the...
This article provides academics and practitioners with a thorough overview and analysis of one of the most often invoked grounds in ICSID annulment procedures: ‘manifest excess of powers’. ICSID annulment committees have been criticised in the past for abandoning the distinction between appeal...
With the exponential growth of international adjudication fora and of the number of known disputes submitted to them, the international system of investment dispute resolution has taken centre stage and has been placed in a unique position from which to formulate international investment law. At...
The virtual social networking world, otherwise known as VSW, is described as an electronic world in which one can live in each and every single day. In this world the people who live in it are known as “netisens” as referred to by R. Johnson. These are the citizens of this new virtual world. It...
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