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Enforcement of Investment Treaty Arbitration Awards

Enforcement of Investment Treaty Arbitration Awards

Author: Julien Fouret
Publisher: Globe Law and Business
ISBN: 9781909416543
Published In: February 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The growth in cross-border investments in an increasingly globalised economy means that there are more international disputes between foreign investors and states than ever before.

Investment treaty arbitration has thus become the preferred dispute resolution mechanism for resolving disputes with a state relating to foreign investment. However, securing a final arbitral award in this context is often only the beginning of a complicated process in enforcing arbitral awards against sovereigns and state entities.

Spearheaded by leading arbitration practitioner Julien Fouret at Castaldi Mourre in Paris, this new title brings together more than 30 experts to provide both substantive analysis of recurring issues at the enforcement stage of awards and practical perspectives on how to enforce an award based on investment treaties.

It explores enforcement issues ranging from the specificities of the International Centre for Settlement of Investment Disputes mechanism to the enforcement of interim relief and the issues of sovereign immunity and state entities; and addresses the means to enforce these types of award in practice. Valuable jurisdiction-specific information is provided for over 25 states, including coverage of the applicable international and domestic legal frameworks and reviews of the most recent practices.

Whether you are an arbitration lawyer in private practice or a user of investment treaty arbitration, this title will provide you with holistic, practical and theoretical insight on the last and most important step of an arbitral process against a state or state entity.

Introduction

Section 1: General enforcement issues

The origins and specificities of the ICSID enforcement mechanism

Enforcement of interim reliefs in investor/state arbitration

Stay of enforcement pending annulment and setting aside procedures

Sovereign immunities and investor/state awards – specificities of enforcing awards based on BITs.

Enforcement against assets of state entities and state owned companies

The effectiveness of the ICSID mechanism regarding the enforcement of awards

The role of third party funders in enforcement of investment treaty awards: practical considerations

Section 2: Specific issues per jurisdiction

Argentina

Australia