vahid bazzar
Abstract
The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to, at the request of parties to the dispute, the ...
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The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to, at the request of parties to the dispute, the arbitral tribunal dismisses a claim is manifestly without legal merit before the start of the proceedings. The mechanism, which has since been accepted in some arbitration rules and some investment arbitration awards, has specific features, requirements, and legal consequences. Thus, the request, which may be related to jurisdictional or substantive nature, must be filed within a short time after filing the application and the reasons must also be given. Also, this proceeding is urgent and the arbitral tribunal must decide after hearing the parties of the dispute's arguments and defenses. This mechanism is very important, as the decision of the tribunal in acceptance of the request is subject to res judicata. This mechanism is very important, as the decision of the tribunal in acceptance of the request is subject to res judicata.
Seyed Ghasem Zamani; vahid bazzar
Abstract
In international investment law, the investor's negligence is considered to be a factor which affects the determination the amount of reparation. Thus, if a causal relationship is established between the investor's conduct and the damage, the amount of claimable damage will be reduced in accordance with ...
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In international investment law, the investor's negligence is considered to be a factor which affects the determination the amount of reparation. Thus, if a causal relationship is established between the investor's conduct and the damage, the amount of claimable damage will be reduced in accordance with the role of the investor in the damage. This rule, which can always be used against the respondent, is concerned with the determination of the amount of reparation after assuming responsibility. The duty to mitigation as one of the aspects of "injured party’s negligence" refers to a situation in which an investor refuses to prevent extension of damage after creation of damage and despite its ability. The proof of the investor's negligence is, contrary to the current procedures, with the defendant. It does not affect the jurisdiction of the arbitration tribunal or the responsibility of the host state and can only lead to a reduction in the amount of reparation. Third party participation or force majeure in creation of the damage cannot be the basis for applying the "injured party’s negligence" rule. This is also the case when the international community is considered to be an injured party or when the investor's negligence is the sole cause of damage.
