The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions.
Read Arbitral Awards as Investments: Treaty Interpretation and the Dynamics of International Investment Law - Maximilian Clasmeier file in ePub
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The drafters of the icsid convention: • opted for ad hoc arbitration.
Dec 16, 2019 investment treaty arbitration and international law - volume 10 press), a leading reporter of international investment arbitration awards and,.
Apr 30, 2020 article 54(3) of the icsid convention, which deals with arbitral awards to be enforced in jurisdictions other than that of the host state, enshrines.
Bilateral investment treaties (bits) and other bilateral agreements with article 54 of the icsid convention on enforcement of arbitral awards however states.
Apr 4, 2019 i(3) of the convention on the recognition and enforcement of foreign arbitral awards (“new york convention”).
It is intended to be used where one party to an agreement is a state or country. It provides for a waiver of immunity in respect of pre-judgment/award or other interim.
It continued to dispute the existence of the arbitration agreement in proceedings in paris and luxembourg.
Feb 6, 2018 agreements for enforcing investment arbitration awards a party to the convention must recognize the award; the national court of that state.
Likewise, investors may lose faith in the arbitration process and the commercial value of predictable dispute resolution, which may in turn affect decisions to invest.
Equally important, these treaties offer inves- tors a forum to litigate their disputes with the host state before a neutral panel of arbitrators, who can award finan-.
This paper critically discusses the issue of enforceability of investment treaty arbitration (ita) awards against india under the indian domestic law on arbitration.
Bilateral investment treaties: nations convention on the recognition and enforcement of foreign arbitral awards, also.
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