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Issue Conflict: International Arbitration »

Lucy Reed, Dafina Atanasova
1 ‘Issue conflict’ refers to a situation in which there is an appearance of bias on the part of an adjudicator based on his or her commitment to a particular idea, related to a material issue in dispute. Issue conflict is often defined by opposition to the more well-known situation where an adjudicator’s potential interest in the outcome of the dispute warrants disqualification on the basis of a conflict of interests. 2 In terms of a positive definition, a now classic quote from HE Judge Tomka in CC/Devas v India on the meaning of issue conflict in arbitration...

Protected Investment »

Lucy Reed, Zoe Scanlon, Dafina Atanasova
1 The concept of ‘protected investments’, like that of ‘protected investors’, circumscribes the scope of application of both international investment agreements and domestic investment statutes (Investments, International Protection; Investments, Bilateral Treaties; Investment Codes). Whether an investment is protected is a threshold question of jurisdiction ratione materiae in investment arbitration (McLachlan, Shore, and Weiniger, 2017, 217; Baumgartner, 2016, 140). In addition, it defines the limits of jurisdiction of the International Centre for Settlement of...