Rabia Mustafa* and Sharafat A. Chaudhry** As explored in the previous article discussing the Harvard Negotiation Project, a distinctive negotiation approach known as principled negotiation has been developed, grounded in four fundamental points: people, interests, options, and criteria. The focus of the second chapter is to…
Amira Ibrahim Under International Arbitration law, expropriation is not illegal in and of itself. Expropriation will be declared legal under most IIAs if it meets all of the following criteria: In the public interest or for a public purpose. In an equitable and nondiscriminatory manner.…
Amira Ibrahim Expropriation is the ‘occupying or taking of property belonging to a non-native investor by the government, if done illegally, exposes the government to international liability’. In investment arbitration, expropriation refers to two concepts: Each State’s right to implement sovereignty over its territory; Each…
Rabia Mustafa Any method or process of resolving conflicts by a neutral third party, such as a mediator or arbitrator outside of court or without litigation process is referred to as Alternative Dispute Resolution (ADR). The word ‘alternative’ is itself self-explanatory. Negotiation, conciliation, mediation, and arbitration…
