englischWithdrawing from the Energy Charter Treaty is not a good decision for member states - yet it is the means of choice for some states.

This thesis focuses on analyzing the application of the respective standards of protection in arbitral jurisprudence first. The structure is based on the [...]

englischThis book deals with the so-called “absolute” standards of investment protection in international investment law: the fair and equitable treatment (FET) and full protection and security (FPS) standard. It tries to answer the question whether extraordinary circumstances prevailing in host [...]

englischThis book deals with public political risk investment insurances, providing comparative analyses of MIGA’s, the German and 7 further currently operating EU MSs’ public PRI schemes. In spite of the EU’s partly exclusive competence in this field, the MSs still operate their national PRI [...]

englischInvestment control has become one of the "hot topics" in M&A in recent years. Using the example of foreign sovereign wealth funds, the German foreign investment control regulations as well as further possibilities under German foreign trade law to control foreign investment are illustrated. [...]

englischStarting point of the book is the ongoing reform process on ISDS at UNCITRAL working group III and the proposal to implement an MIC. An introduction sets the stage and provides readers with the latest developments and historical background. On this basis, the following chapters highlight [...]

englischInternational arbitral tribunals may have recourse to inherent powers to the extent that it is necessary for the realisation of core judicial functions. This may also include a power of reconsideration of partial decisions. The legal quality and effects of partial decisions issued after [...]

englischA recent tide of ISDS cases in the renewable energy sector has generated a large number of arbitral awards that turn of the notion of legitimate expectations. The Fair and Equitable Treatment Standard (FET) and the notion of legitimate expectations has been highly undetermined in the past. [...]

englischThe charged debate on CETA focuses on the agreements´ possible effects on democratic institutions. In particular, critical voices fear a "regulatory chill"-effect. Defenders argue that such an effect is not to be expected because CETA regularly defines lower obligation than the national law. [...]

englischThe study examines the legal consequences in the context of international investment arbitration proceedings if it is proven that the investment at issue was procured by corruption. The study critically examines the prevailing zero tolerance strategy of arbitral tribunals, according to which [...]

englischThe law on the protection of foreign investments is situated at the crossroads of international law and diplomacy in the context of a globalized economy. It is therefore not surprising that investment law has undergone fundamental changes in the last decade. The exponential growth of [...]