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http://hdl.handle.net/1893/30774| Appears in Collections: | Law and Philosophy Journal Articles |
| Peer Review Status: | Refereed |
| Title: | Adopting a "Range of Factors" and "Division of Systems" Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes |
| Author(s): | Yu, Hong-Lin |
| Contact Email: | h.l.yu@stir.ac.uk |
| Keywords: | Arbitral tribunals Foreign investment Illegality International investment disputes Standard of proof |
| Issue Date: | Jan-2021 |
| Date Deposited: | 20-Jan-2020 |
| Citation: | Yu H (2021) Adopting a "Range of Factors" and "Division of Systems" Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes. Journal of Business Law, 2021 (1), pp. 75-98. |
| Abstract: | Discusses the benefits of arbitral tribunals establishing a consistent standard of proof to be used when assessing illegality in foreign investment disputes. Reviews the general operation of the illegality defence in such circumstances, the debate over the low standard of the burden of proof used by tribunals, and whether lessons may be drawn from the "range of factors" approach adopted in Patel v Mirza (SC). |
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Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| 2020-01-18 ADOPTING A RANGE OF FACTORS AND DIVISION OF SYSTEMS APPROACH- ESTABLISHING PRINCIPLES FOR A CONSISTENT STANDARD OF PROOF TO ASSESS ILLEGALITY IN FOREIGN IN.pdf | Fulltext - Accepted Version | 428.3 kB | Adobe PDF | View/Open |
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