Enforcement of investment arbitration awards

About The Book

International investment arbitration is one of the main dispute resolution methods among investors and host states. It provides investors with a non-political way to obtain awards and enforce them. However in the enforcement stage they experience some problems based on both international and national rules. Nowadays different solutions are applied to avoid those problems and provide smooth enforcement of arbitral awards. In this research paper the problems of enforcement of investment arbitration awards and solutions of those problems are analyzed based on the current statutory rules and practices. Although it is concluded that the current solutions are usually sufficient for avoiding problems of enforcement in order to avoid those problems entirely especially the problem arising from the State immunity bar of host states the author suggests; adding provision on waiver of sovereign immunity from execution into both the ICSID Convention and the New York Convention; pursuing a negotiation of a post-award settlement. The analysis should be especially useful to professionals in International Investment Law field or any corporations facing difficulties in enforcement of awards.
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