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Mass Claims under ICSID [PDF]

open access: yesWroclaw Review of Law, Administration and Economics, 2014
This paper gives a systematic overview of procedural legal issues that may arise in the course of arbitrating mass claims under the ICSID Convention. First, it provides a brief description of the legal framework for mass claims in both national law and international arbitration.
Szczudlik Katarzyna Barbara
doaj   +2 more sources

INCONSISTENCIES IN ICSID AWARDS ON DISPUTES RELATED TO MFN AND UMBRELLA CLAUSE

open access: yesDiponegoro Law Review, 2021
Investment arbitration has been acclaimed as an important part of Foreign Direct Investment (FDI) movement around the globe because it provides a neutral and trustable forum for settling investment dispute. However, many argue that investment arbitration
Herliana Herliana
doaj   +1 more source

Challenge of Arbitrators in ICSID Investment Arbitration: A Critique and an Appropriate Solution [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2018
Challenge of arbitrators is a controversial issue in international arbitration in general and in ICSID Arbitration in particular. There is a consensus that the lack of impartiality and independency leads arbitrators to be challenged.
علی مقدم ابریشمی
doaj   +1 more source

Are the ICSID Arbitration Clauses in Investment Contracts Concluded via Smart Contracts Valid?

open access: yesAnalele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice, 2022
Blockchain technology gained popularity with the emergence of intellectual technologies, as cryptocurrencies are also being discussed within contract law along with the interpretation of the concept of consent, and the validity of the consent written in ...
Elnur Karimov
doaj   +1 more source

The Legal Policy of Executability in the International Arbitral Tribunal Decision

open access: yesBestuur, 2021
The growing number of investment disputes indicates more challenging and controversial matters in the various arbitration practices. However, the International Centre for the Settlement of Investment Disputes (ICSID) rules do not entirely solve the ...
Rachel Georghea Sentani   +1 more
doaj   +1 more source

Assumption of Jurisdiction by Pakistani Supreme Court in Reko Diq Case: Another Violation of International Investment Law

open access: yesJournal of Business and Social Review in Emerging Economies, 2021
Purpose: This paper discusses that Pakistani judicial approach to separability, arbitrability and grounds to assume jurisdictions to decide these mattes does not sit well with the ICSID jurisprudence.
Muhammad Mumtaz Ali Khan   +2 more
doaj   +1 more source

UUrbaser v Argentina: The Origins of Host State Human Rights Counterclaim in ICSID Arbitration [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2020
Investment arbitrations have their own challenges due to their asymmetric nature, which arise from the essential difference between the parties to the claim.
zahra hajipour, POURIA askary
doaj   +1 more source

The Inconsistency of ICSID Awards Over Argentina Cases

open access: yesHasanuddin Law Review, 2020
This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001.
M. Ya'kub Aiyub Kadir, Lena Farsia
doaj   +1 more source

Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes

open access: yesПроблеми Законності, 2021
The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre
Olexandr Vasiliovich Serdiuk   +1 more
doaj   +1 more source

Criterion of control and the right of standing of a juridical person in ICSID arbitration [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2021
International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States.
Đundić Petar M.
doaj   +1 more source

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