International Investment Arbitration under ICSID & Enforcement, Appeal Mechanisms & Practical Limitations

  • Rahul Kanna R.N.
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  • Rahul Kanna R.N.

    Student at Jindal Global Law School, India.

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Abstract

In this paper, I would like to firstly introduce ICSID as an arbitral institution pioneering on Investor-State dispute settlements through a historical & juridical discourse of its inception by the World Bank Group & highlight the importance of arbitrator’s independence & impartiality in the ICSID Convention through a critical analysis & imploration as a result of a wide public interest at stake in the arbitral proceedings undertaken. Further in this paper, I seek to engage in a critical study on the enforcement procedure, Appeal Mechanism & practical implication of the Convention awards to highlight certain hindrances & obstacles in enforcement procedures. Finally, the paper attempts to conceptualise & evaluate the interlinking & intertwining of the dual Conventions available for Investor-State Disputes with the help of Chevron- Ecuador investment arbitration & further evaluate as well as analyse the very possibility of enforcement of ICISD Convention awards through the residuary provisions of New York Convention.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1887 - 1900

DOI: https://doij.org/10.10000/IJLMH.112710

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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