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.
ALIREZA ebrahimgol; mahdi haghighian
Abstract
In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous interpretations. ...
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In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous interpretations. Because of these problems, some states have placed some restrictions upon investors and prohibited them from submitting their claims in different courts or tribunals at the same time. Fork in the road is a specific clause requiring the investor to make a final decision and choose a specific court or tribunal, among all competent courts and tribunals, to submit its claim. Choosing any tribunal prevents other tribunals from having jurisdiction. This article aims to examine international arbitration practice regarding fork in the road clause by focusing on ICSID awards.
sadegh teimoori; laya joneydi; mohammad saghri; reza abbasian
Abstract
Protection of the foreign investment in a host state is one of the main concerns of international law in today’s business and economics world. However, the question of which investors’ conducts should be protected is subject to controversy. Since the occurrence of indirect expropriation depends ...
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Protection of the foreign investment in a host state is one of the main concerns of international law in today’s business and economics world. However, the question of which investors’ conducts should be protected is subject to controversy. Since the occurrence of indirect expropriation depends on the understanding of the concept of indirect expropriation, we will explore the elements and components of this concept. In spite of numerous conflicting international tribunal awards on settlement of disputes arising from expropriation and its various forms, it seems that a solution should be sought by looking at the circumstances of individual case. This article aims to provide criteria for determining indirect expropriation by focusing on the attitude of the domestic legislator as well as the international guidelines and doctrines. In doing so, the International Centre for Settlement of Investment Disputes(ICSID) and Iran - United States Tribunal cases are considered.
