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Tax-related Measures in Investor-State Arbitration

The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, “Taxes are the price we pay for civilization.” However, States may voluntarily limit their...more

Will the Uncertainty Around the Availability of Section 1782 Discovery in International Arbitration Proceedings Ever Be Resolved?

What is Section 1782 and how is it used in International Arbitration? In international arbitrations, the parties’ ability to obtain documents and testimony from the opposition is often limited....more

ICSID Publishes New Materials on Mediation in Investment Disputes

In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more

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