scholarly journals International Investment Positions and Risk Sharing: An Empirical Analysis on the Coordinated Portfolio Investment Survey

2011 ◽  
Author(s):  
Filippo Pericoli ◽  
Eleonora Pierucci ◽  
Luigi Ventura
Keyword(s):  
Empirical Analysis ◽  
Risk Sharing ◽  
International Investment ◽  
Portfolio Investment

Delays Expected but Duration of Delays Unpredictable: Causes, Types, and Symptoms of Procedural Applications in Investment Arbitration

2021 ◽  
Author(s):  
Julien Chaisse
Keyword(s):  
Dispute Resolution ◽  
Empirical Analysis ◽  
International Investment ◽  
Third Party ◽  
Common Phenomenon ◽  
Investment Arbitration ◽  
Party Funding

Abstract Delays are becoming a common phenomenon in international investment arbitration and challenging the conventional belief that it is a time-effective mode of dispute resolution. These delays, majorly stemming from interim procedural applications, are known to arise due to the different interests and types of stakeholders involved in the process. This article provides an empirical analysis of such arbitration proceedings to cull out the types, nature, and effects of delay tactics in such proceedings. This article identifies three types of applications that play an increasing role in investment arbitration, namely, applications for ‘security for costs’, applications for disclosure of third-party funding, and the objections of manifest lack of legal merit of claims. Such delays can particularly become a cause of concern for investment arbitration as they have impacts beyond those which are on the parties involved.

scholarly journals International Investment Law, Time, and Economics: Fixing the Length of Economic Crises as a Costs-Allocation Tool between Host States and Foreign Investors

2019 ◽  
Vol 19 (1) ◽  
pp. 91-108
Author(s):  
Alberto Alvarez-Jimenez
Keyword(s):  
Risk Sharing ◽  
Case Law ◽  
International Investment ◽  
Economic Research ◽  
Economic Crises ◽  
Foreign Investors ◽  
International Investment Law ◽  
Normative Basis ◽  
Investment Law

AbstractThe case law on non-precluded measures clauses, when they are successful, and the customary rule of necessity, when it fails, transfers significant risks to foreign investors and host States, respectively, during severe economic crises. Some risk-sharing mechanisms should be explored to achieve a more balanced result. This article presents the policy reasons in support of this approach and its normative basis: the principle of acceptable compensation, and illustrates that one way to introduce such mechanisms is through the determination by investor/State tribunals of the length of the breakdown, which is marked by the dates for its beginning and end. The article discusses economic research on when crises conclude, which could be useful to tribunals, and explores the determination on the beginning of economic collapses as a risk-sharing tool and shows how decisions of the Argentinean saga have achieved this result.

Investor Protection and International Investment Positions: An Empirical Analysis

2006 ◽  
Vol 9 (2) ◽  
pp. 197-221 ◽  
Author(s):  
Teresa L. Cyrus ◽  
Talan B. İşcan ◽  
Sheena Starky
Keyword(s):  
Empirical Analysis ◽  
Investor Protection ◽  
International Investment

scholarly journals Dispute by Design? Legalization, Backlash, and the Drafting of Investment Agreements

2020 ◽  
Vol 64 (4) ◽  
pp. 919-928
Author(s):  
Tarald Laudal Berge
Keyword(s):  
Empirical Analysis ◽  
Dispute Settlement ◽  
International Investment ◽  
Investment Policies ◽  
Unique Data ◽  
Investment Treaty ◽  
Investment Agreements

Abstract The investment treaty regime is currently going through extensive reform. Driven by a raft of investor–state dispute settlement cases, states are asking: How should we draft future investment agreements? This article presents the first empirical analysis of what drives risk in investment agreements. Drawing on states’ own reform narratives, and on unique data on the content of over two thousand investment agreements, I analyze how legalization in investment agreements is associated with the risk of attracting investor–state dispute settlement claims. I find that the only legalization dimension that robustly predicts investor–state dispute settlement claims in investment agreements is substantive obligation, and that this risk is not significantly affected by introducing more flexibility or precision. These findings have important implications for states engaged in reform of their international investment policies. Most prominently, they suggest that states should focus more on what substantive clauses they include in their investment agreements, rather than on how these clauses are written.

Who Cares about Regulatory Space in BITs? A Comparative International Approach

2018 ◽  
Author(s):  
Tomer Broude ◽  
Yoram Z. Haftel ◽  
Alexander Thompson
Keyword(s):  
Content Analysis ◽  
Quantitative Analysis ◽  
International Law ◽  
Empirical Analysis ◽  
Dispute Settlement ◽  
International Investment ◽  
Investment Protection ◽  
Research Section ◽  
Investment Law ◽  
The Impact

Regulatory space has become one of the buzzwords of the debate on international investment protection law. Critics claim that investment law unduly constrains states’ regulatory space. Proponents contest that claim. This chapter analyzes state sensitivity to constraints on regulatory space from a comparative perspective, on the basis of quantitative analysis of textual coding of investor-state dispute settlement provisions in renegotiated bilateral investment treaties. The chapter is comprised of six sections. Section I is an introduction covering the impact of investor-state dispute settlement on state regulatory space. Section II discusses bilateral treaty-making and comparative international law research. Section III describes the comparative landscape of renegotiated BITs, and Section IV provides a comparative BIT content analysis and SRS. Section V sets forth a comparative empirical analysis of ISDS provisions. Section VI presents conclusions.

Patterns of International Investment in Spain, 1850–2005

2009 ◽  
Vol 83 (3) ◽  
pp. 505-537 ◽  
Author(s):  
Núria Puig ◽  
Rafael Castro
Keyword(s):  
Empirical Analysis ◽  
Capital Flows ◽  
International Investment ◽  
International Capital ◽  
The Core ◽  
National Models ◽  
German Investment ◽  
Core Capabilities ◽  
Over Time

International capital flows are strongly influenced by countryspecific patterns that can be best understood in historical and comparative perspective. A long-term empirical analysis of French and German investment in Spain reveals that the core capabilities of foreign fi rms and their relations with local partners have spurred the rise and development of two national models of international investment, characterized here as “political” and “technical.” The research identifies the main actors and the ownership advantages of the two models that have proved to be so resilient over time.

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