Interpretation of the Umbrella Clause in Investment Agreements - Working Paper 2006/3

Given the very frequent occurrence of the umbrella clause in modern investment treaties, and the different language used in these treaties, this paper aims to improve an understanding of the interpretations of this clause.

Investor-to-State Dispute Settlement in Infrastructure Projects - Working Paper 2006/2

This working paper summarises information available in the public domain about investor-state dispute settlement in the infrastructure sectors.

Improving the System of Investor-State Dispute Settlement: An Overview - Working Paper 2006/1

This working paper deals with issues related to the quality of arbitral awards; examines issues related to multiple and parallel proceedings and explores the merits of consolidation of claims; and deals with challenges of jurisdictional nature.

Multilateral Influences on the OECD Guidelines for Multinational Enterprises - Working Paper 2005/2

This working paper provides background information on what multilateral instruments have influenced or supported the Multinational Enterprises Guidelines and more.

Corporate Responsibility Practices of Emerging Market Companies - A Fact-Finding Study - Working Paper 2005/3

This working paper presents a fact finding study of the corporate responsibility policies and practices of emerging market companies.

2005/1 - Transparency and Third Party Participation in Investor-State Dispute Settlement Procedures

The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration. However, investor-state disputes often raise public interest issues which are usually absent from international commercial arbitration. As a result, the traditional manner in which governmental measures are reviewed for compliance with international law in a private setting, i.e. confidential in camera proceedings

2004/4 - "Indirect Expropriation" and the "Right to Regulate" in International Investment Law

This document provides factual elements of information on jurisprudence, state practice and literature related to "Indirect Expropriation" and the "Right to Regulate". It presents the issues at stake and describes the basic concepts of the obligation to compensate for indirect expropriation, reviews whether and how legal instruments and other texts articulate the difference between indirect expropriation and the right of the

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2004/4 - Косвенная экспроприация и право на регулирование в международном инвестиционном праве

This article on "Indirect Expropriation" and the "Right to Regulate" in International Investment Lawwas translated into Russian by Dr. Marina Trunk-Fedorova, LL.M. and published in Die Rechtslage von Auslandsinvestitionen in Transformationslaendern – Legal issues of foreign investment in transition countries. Liber Amicorum to Professor Wolfgang Seiffert, former Director of the Institute of East European Law at the University of

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2004/3 - Fair and Equitable Treatment Standard in International Investment Law

This document provides factual elements of information on jurisprudence, literature and state practice related to the fair and equitable treatment standard. It examines the origins of the standard and its use in international agreements and state practice, its relationship with the minimum standard of international customary law and the elements of its normative content as identified by arbitral tribunals.

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2004/3 - 国际投资法上的公正与公平待遇标准

This document provides factual elements of information on jurisprudence, literature and state practice related to the fair and equitable treatment standard. It examines the origins of the standard and its use in international agreements and state practice, its relationship with the minimum standard of international customary law and the elements of its normative content as identified by arbitral tribunals.

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