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1 – 10 of over 1000This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…
Abstract
Purpose
This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.
Design/methodology/approach
The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.
Findings
Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.
Research limitations/implications
The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).
Originality/value
The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.
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Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran and Mahmoud Abdelgawwad Abdelhady
This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which…
Abstract
Purpose
This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country’s evolving private law framework.
Design/methodology/approach
This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade.
Findings
The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms.
Originality/value
It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom’s ambivalent investment law regime.
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Jaffar Yakkop Alkhayer and Chander Mohan Gupta
This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental…
Abstract
Purpose
This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental principles and concepts of arbitration.
Design/methodology/approach
Using a doctrinal analysis approach, the paper draws on legal principles, antimoney laundering regulations and relevant literature to explore the topic. It considers relevant international treaties, standards set by the financial action task force on money laundering, cases and arguments from legal analysts and experts.
Findings
The paper identifies three options for arbitrators: disregarding suspicions, initiating an investigation or terminating the proceedings. Disregarding suspicions is deemed inappropriate, as it may facilitate the concealment of financial crimes. Initiating an investigation is seen as a preferable option, aligning with the arbitrator’s role and the public interest in nullifying contracts linked to criminal conduct. Terminating the proceedings is not recommended, as it contradicts the principle of natural justice. The paper emphasizes the importance of reasonable grounds for suspicions, notifying the parties, and allowing them to address the concerns.
Originality/value
This paper contributes to the existing literature by comprehensively analyzing the compatibility of these options with arbitration principles and concepts. It underscores the need for clear laws and directives to guide arbitrators in addressing financial crimes within the arbitration process, maintaining a balance between party autonomy and preventing the misuse of arbitration for illicit activities.
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Sai Ramani Garimella and Soumya Rajsingh
International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic…
Abstract
Purpose
International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.
Design/methodology/approach
This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.
Findings
The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.
Practical Implications
This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.
Originality/Value
To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.
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This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This…
Abstract
Purpose
This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.
Design/methodology/approach
This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.
Findings
The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.
Research limitations/implications
The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.
Originality/value
To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.
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John De-Clerk Azure, Chandana Alawattage and Sarah George Lauwo
The World Bank-sponsored public financial management reforms attempt to instil fiscal discipline through techno-managerial packages. Taking Ghana's integrated financial management…
Abstract
Purpose
The World Bank-sponsored public financial management reforms attempt to instil fiscal discipline through techno-managerial packages. Taking Ghana's integrated financial management information system (IFMIS) as a case, this paper explores how and why local actors engaged in counter-conduct against these reforms.
Design/methodology/approach
Interviews, observations and documentary analyses on the operationalisation of IFMIS constitute this paper's empirical basis. Theoretically, the paper draws on Foucauldian notions of governmentality and counter-conduct.
Findings
Empirics demonstrate how and why politicians and bureaucrats enacted ways of escaping, evading and subverting IFMIS's disciplinary regime. Politicians found the new accounting regime too constraining to their electoral and patronage politics and, therefore, enacted counter-conduct around the notion of political exigencies, creating expansionary fiscal conditions which the World Bank tried to mitigate through IFMIS. Perceiving the new regime as subverting their bureaucratic identity and influence, bureaucrats counter-conducted reforms through questioning, critiquing and rhetorical venting. Notably, the patronage politics of appropriating wealth and power underpins both these political and bureaucratic counter-conducts.
Originality/value
This study contributes to the critical accounting understanding of global public financial management reform failures by offering new empirical and theoretical insights as to how and why politicians and bureaucrats who are supposed to own and implement them nullify the global governmentality intentions of fiscal disciplining through subdued forms of resistance.
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Surbhi Gupta, Arun Kumar Attree, Ranjana Thakur and Vishal Garg
This study aims to examine the role of Bilateral Investment Treaties (BITs) in attracting higher foreign direct investment (FDI) inflows into the major emerging economies namely…
Abstract
Purpose
This study aims to examine the role of Bilateral Investment Treaties (BITs) in attracting higher foreign direct investment (FDI) inflows into the major emerging economies namely Brazil, Russia, India, China and South Africa (BRICS) from the source developed, developing and other emerging economies over a period of 18 years from 2001 to 2018.
Design/methodology/approach
To estimate the results, panel data regression on a gravity-knowledge capital model has been used. To account for the problem of endogeneity we have used the two-step difference Generalised Method of Moments estimator proposed by Arellano and Bond (1991).
Findings
We find that contradictory to theory and expectations, BITs result in a fall in FDI inflows in BRICS economies. BITs ratified by BRICS economies are not able to provide a sound and secure investment environment to foreign investors, thereby discouraging FDI in these economies.
Originality/value
To the best of the authors’ knowledge, this study is the first to examine the impact of BITs on FDI inflows into the emerging BRICS economies. Further, the impact of BITs on FDI flows among developed nations, i.e. north-north FDI and from developed to developing countries, i.e. north-south FDI has already been studied by many researchers. But so far, no study has examined this impact on FDI among developing and emerging economies (south-south FDI), despite an increase in FDI flows among these economies. Therefore, this study seeks to overcome the limitations of previous studies and tries to find out the impact of BITs on FDI inflows in BRICS economies not only from source developed but also from source developing and other emerging economies.
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Iqra Yaseen and Mohammad Shafi Sofi
The purpose of this study is to conduct a comprehensive systematic literature review using bibliometric approach to investigate the academic structure of World Trade Organization…
Abstract
Purpose
The purpose of this study is to conduct a comprehensive systematic literature review using bibliometric approach to investigate the academic structure of World Trade Organization Dispute Settlement research.
Design/methodology/approach
The study examines the bibliographic information for 1,858 articles from Scopus and the Australian Business Deans Council-indexed journals published between 1995 and 2024 using Dimensions.ai and Google Scholar search engines. Exploratory-cum-descriptive research design with bibliometric approach is used to answer the stated literature review research questions.
Findings
The data shows a gradual decline in WTO-Dispute Settlement System (WTO-DSS) research relative to the total international business area in the three decades. Developed countries appear as key contributors to the research, with the USA and the UK standing out as the most productive and influential research countries. The study shows a significant change in the focus of this research corpus from legalized to non-legalized approaches, with a greater emphasis on transparency and environmental sustainability. The research identifies global politics and international trade law as influential subjects in the discipline.
Originality/value
To the best of the authors’ knowledge, the study is a first of its kind where bibliometric approach has been used to study the evolution of WTO-DSS literature. The study adds to the understanding of WTO Dispute Settlement research patterns and recommends future research options.
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Valentine George Mruma Luvara and Moses Benjamin
Most construction projects are undertaken with the incentive of some form of profit which in business attracts disputes that key disputing parties intend to resolve through…
Abstract
Purpose
Most construction projects are undertaken with the incentive of some form of profit which in business attracts disputes that key disputing parties intend to resolve through mechanisms such as arbitration as early as possible so that they may advance with other activities associated with the project. However, this intention is regularly unfulfilled, disappointing the parties with late arbitration resolution. This study, therefore, explored the duration influencing factors (DIFs) facing arbitration practice in the Tanzania construction industry.
Design/methodology/approach
A concurrent convergence mixed methods approach was used where a total of 12 DIFs were identified from the literature, and data were then collected from 39 construction arbitrators, 8 semi-structured interviews and 4 documentary reviews. Descriptive and inferential statistics were employed for quantitative data and directed content analysis for the qualitative data.
Findings
Results show that contrary to most people’s convictions, delays in arbitration are regularly caused by the disputing parties rather than the arbitrating party or the authority. The study identified cooperation amongst the tribunal parties, poor accuracy and submission of documents and material evidences, late payment of arbitration fees, and skills, experience, reputation and profession of the arbitrator to be the most critical factors that cause late arbitration resolution.
Originality/value
The use of mixed methods concurrent triangulation convergence approach provides a unique contribution to knowledge by highlighting how the efficacy of arbitration in time performance could be further developed through understanding the critical factors that drive the proceedings duration in the Tanzania construction industry.
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Buse Un, Ercan Erdis, Serkan Aydınlı, Olcay Genc and Ozge Alboga
This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and…
Abstract
Purpose
This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and promoting amicable settlements between parties.
Design/methodology/approach
This study develops a novel conceptual model incorporating project characteristics, root causes, and underlying causes to predict construction dispute outcomes. Utilizing a dataset of arbitration cases in Türkiye, the model was tested using five machine learning algorithms namely Logistic Regression, Support Vector Machines, Decision Trees, K-Nearest Neighbors, and Random Forest in a Python environment. The performance of each algorithm was evaluated to identify the most accurate predictive model.
Findings
The analysis revealed that the Support Vector Machine algorithm achieved the highest prediction accuracy at 71.65%. Twelve significant variables were identified for the best model namely, work type, root causes, delays from a contractor, extension of time, different site conditions, poorly written contracts, unit price determination, penalties, price adjustment, acceptances, delay of schedule, and extra payment claims. The study’s results surpass some existing models in the literature, highlighting the model’s robustness and practical applicability in forecasting construction dispute outcomes.
Originality/value
This study is unique in its consideration of various contract, dispute, and project attributes to predict construction dispute outcomes using machine learning techniques. It uses a fact-based dataset of arbitration cases from Türkiye, providing a robust and practical predictive model applicable across different regions and project types. It advances the literature by comparing multiple machine learning algorithms to achieve the highest prediction accuracy and offering a comprehensive tool for proactive dispute management.
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