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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
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INCONSISTENCIES IN ICSID AWARDS ON DISPUTES RELATED TO MFN AND UMBRELLA CLAUSE
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
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Challenge of Arbitrators in ICSID Investment Arbitration: A Critique and an Appropriate Solution [PDF]
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
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Are the ICSID Arbitration Clauses in Investment Contracts Concluded via Smart Contracts Valid?
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
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The Legal Policy of Executability in the International Arbitral Tribunal Decision
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
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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
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UUrbaser v Argentina: The Origins of Host State Human Rights Counterclaim in ICSID Arbitration [PDF]
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
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The Inconsistency of ICSID Awards Over Argentina Cases
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
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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
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Criterion of control and the right of standing of a juridical person in ICSID arbitration [PDF]
International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States.
Đundić Petar M.
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