cover image: A History of Investment Arbitration and Investor-State Dispute Settlement in Germany /

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A History of Investment Arbitration and Investor-State Dispute Settlement in Germany /

14 Oct 2016

In addition, Germany provides several different arbitration facilities, including the Frankfurt Arbitration Center and the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit).7 Furthermore, Germany is a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and the New York Convention for the [...] The German Society for the Protection of Foreign Investments, founded and led by Herman J. Abs (spokesman of the board of managing directors of the Deutsche Bank) supported the development of an international code of conduct for host governments in their treatment of FDI. [...] The guarantees and standards of protection included in intra-EU BITs overlap with the fundamental freedoms of the internal market, the protection of fundamental rights in EU law and the ECHR.21 Nevertheless, there are differences. [...] This can be seen, for example, in article 9 of the German Model Treaty 2009 regarding the settlement of disputes between the contracting states: Disputes between the Contracting States concerning the interpretation or application of this Treaty should as far as possible be settled by the Governments of the two Contracting States. [...] Each Contracting State shall bear the cost of its own member and of its representatives in the arbitration proceedings; the cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting States.
european union government politics economics economy international trade trade agreements arbitration government information international relations contract parliament ceta human activities isds contracting treaty comprehensive economic and trade agreement constitution (law) investor-state arbitration arbitral tribunal european single market icsid ttip convention on the recognition and enforcement of foreign arbitral awards icsid convention european union law new york convention
Pages
32
Published in
Waterloo, ON, CA

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