Results 181 to 190 of about 5,715 (270)

THE SCOPE OF ICSID REVIEW: REMARKS ON SELECTED PROBLEMATIC ISSUES OF ICSID DECISIONS

2009
AbstractThis chapter examines the relationship between the concerns raised about the quality and consistency of ICSID awards, on the one hand, and, on the other, the existence and efficiency of any respective remedy. It begins with a review of the four generations of annulment proceedings followed by a review of ICSID arbitral awards. It then considers
Ieva Kalnina, Domenico Di Pietro
exaly   +2 more sources

ENFORCEMENT OF ICSID AWARDS: ARTICLES 53 AND 54 OF THE ICSID CONVENTION

2009
AbstractThis chapter discusses Articles 53 and 54 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Article 53's obligation to abide by and comply with an award is independent of the enforcement mechanisms provided for in Article 54.
exaly   +2 more sources

Beginnings and Growth of ICSID

2020
Abstract This chapter discusses the initiatives undertaken in the late 1950s and early 1960s that led to the creation of the ICSID Convention and ICSID. Rapid decolonization and the emergence of new States with great development needs characterized the late 1950s and early 1960s.
exaly   +2 more sources

The Application of the Salini Test Beyond Article 25 of the ICSID Convention: Analysis of Recent Trends in Treaty and Arbitral Practice

The Journal of World Investment & Trade, 2023
This article explores two developments that have led to an extension of the sphere of application of the Salini test, a set of ‘objective’ requirements for the existence of an investment established by the Salini tribunal under Article 25 ICSID ...
Markus Petsche
semanticscholar   +1 more source

ICSID Jurisdiction and Alternative Forums for Investment Disputes: International-Law and Domestic Mechanisms

RU SCIENCE, 2022
The article examines the jurisdiction of the International Centre for Settlement of Investment Disputes (ICSID) and its relationship with alternative avenues for the resolution of investment disputes within domestic legal systems.
D. S. Belkin
semanticscholar   +1 more source

Article: A Wolf in Sheep’s Clothing: Overlooked Procedural Deficiencies in ICSID’s Annulment Structure

Arbitration, 2022
i style=""Over the past several decades, the International Centre for the Settlement of Investment Disputes’ annulment procedure has proved an object of consternation for states and investors alike. The substantive principles of Article 52 of the ICSID
Daniel Rosenberg
semanticscholar   +1 more source

Who wins in international investment arbitration disputes? Evidence from Latin American and Caribbean countries cases under ICSID

Social Science Research Network, 2021
During the nineties, an important group of Latin American and Caribbean (LAC) countries adhered to the International Center for Settlement of Investment Disputes (ICSID) as part of a programme of measures that sought to attract foreign investment to the ...
G. Díaz
semanticscholar   +1 more source

Challenging International Arbitral Awards: To ICSID or not to ICSID?

Arbitration International, 2011
A review of recent International Centre for Settlement of Investment Disputes (ICSID) annulment decisions indicates that ICSID awards are increasingly coming under tighter scrutiny. On the other hand, national courts in ‘arbitration friendly’ jurisdictions, such as England, France and the United States, appear to be more reluctant to set aside arbitral
M. Burgstaller, C. B. Rosenberg
openaire   +1 more source

Determining the Applicable Law and the Risk of Annulment of ICSID Awards on the Ground of Manifest Excess of Powers

RU SCIENCE, 2020
The article examines the determination of the applicable law in ICSID investment arbitration in light of Article 42 of the 1965 Washington Convention and assesses how deficiencies in identifying the governing legal framework may be framed as an excess of
D. S. Belkin
semanticscholar   +1 more source

Penyelesaian Sengketa antara Perusahaan Minerba Asing dengan Pemerintah melalui ICSID (Churchill & Planet Mining)

Commerce Law
Penelitian ini bertujuan untuk mengetahui dan menganalisis kasus posisi sengketa antara Churchill Mining Plc dan Planet Mining Pty Ltd dengan Pemerintah Indonesia, bagaimana keputusan ICSID dalam menyelesaikan sengketa antara Churchill Mining Plc dan ...
Joy Fernando, M. Sood
semanticscholar   +1 more source