Commercial Arbitration under Investment Treaties and Contracts: Its Importance and Danger in the Arab World

2013 ◽  
Vol 27 (4) ◽  
pp. 393-413
Author(s):  
Lafi Daradkeh
Keyword(s):  
Foreign Investment ◽  
Arab World ◽  
Public Policies ◽  
Arab Country ◽  
Host Countries ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Investment Treaties ◽  
Set Up

Abstract Given the importance of investments, a number of international and regional conventions have been set up in order to protect the parties to investment contracts by adopting arbitration as a method to resolve any dispute that might arise from such contracts. Despite the importance of commercial arbitration for foreign investment treaties and contracts, the process of its application has revealed many of the risks investment poses to the host, particularly Arab, country. This is because commercial arbitration has often been used as a legal means to protect foreigners from the harmful consequences that their investments have had on the environment. The most negative aspects of international commercial arbitration for foreign investment contracts are the modern trends that have been adopted in the field of arbitration, where host countries must comply even when their local laws and public policies are being violated.

4 Arbitral Institutions

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Institutional Rules ◽  
The Law ◽  
Set Up

This chapter focuses on arbitral institutions. After the new Law on Arbitration came into effect on 1 September 2016, permanent arbitral institutions are to be established in accordance with the amended Law. The problem was what was going to happen to the existing arbitral institutions after the Arbitral Reform. The Law provides that existing arbitral institutions that do not fulfil the requirement of the Law and thus did not receive a licence are not entitled to administer arbitration. On 1 November 2017, a vast majority of the existing arbitral institutions failed to meet the requirements of the Law on Arbitration, namely the requirement that they be set up by a non-commercial organisation, and ceased operation. There are now only two permanent arbitral institutions in Russia. Chapter 9 of the Law on Arbitration accommodates detailed rules on the organisational aspects of permanent arbitral institutions. This is different from the system before the 2015 Reform, which had almost no regulation in this respect. Chapter 9 is applicable not only to arbitral institutions which handle domestic arbitration, but also to international commercial arbitration. The chapter then looks at the institutional rules of arbitration as well as the rules on the administration of arbitration.

Consolidation of Arbitral and Court Proceedings in Investment Disputes

2005 ◽  
Vol 4 (3) ◽  
pp. 371-420 ◽  
Author(s):  
Antonio Crivellaro
Keyword(s):  
Preliminary Analysis ◽  
Bilateral Investment Treaties ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Investment Treaties ◽  
Court Proceedings

AbstractThis contribution focuses on consolidation between arbitration and court proceedings in investment (or "investor-to-State") disputes, which are usually referred to arbitration pursuant to the forum selection clauses of the relevant Bilateral Investment Treaties ("BITS"). Before addressing consolidation in investment disputes, the experience gained in the same matter in international commercial arbitration will be considered. After a preliminary analysis, comparative observations will follow.

Sovereignty, National Interest & Security and the Bilateral Investment Treaties of Bangladesh and the Netherlands: a Comparison

2019 ◽  
Vol 12 (2) ◽  
pp. 183-214
Author(s):  
Mohammad Belayet Hossain ◽  
Asmah Laili Bt Yeon ◽  
Ahmad Shamsul Bin Abd. Aziz
Keyword(s):  
The Netherlands ◽  
Foreign Investment ◽  
National Interest ◽  
Developed Countries ◽  
Bilateral Investment Treaties ◽  
Least Developed Countries ◽  
Host Countries ◽  
Investment Policies ◽  
Investment Treaties ◽  
The Government

Abstract In absence of any global treaty, the bilateral investment treaties are playing the important role of regulating foreign investments in the host countries. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Bangladesh and the Netherlands also signed bilateral investment treaties to facilitate trade. Bangladesh foreign investment laws and bilateral investment treaties mainly protect foreign investors; however, neither include any specific provisions of protecting sovereignty, national interest, and security. The Netherlands generally follows EU foreign investment policies. This paper addresses two questions: (a) do the bilateral investment treaties of Bangladesh and the Netherlands include any specific provisions to protect the sovereignty, national interest, and security, and (b) should the sovereignty, national interest, and security be considered during the entry of foreign direct investment in Bangladesh and the Netherlands? Using doctrinal research method, a total of 25 bilateral investment treaties have been analysed in order to explore whether they protect the sovereignty, national interest, and security of Bangladesh and the Netherlands. Based on the findings, this study will recommend that the government of Bangladesh should consider this important factor as an entry condition, either through amending the existing laws or through the bilateral investment treaties.

scholarly journals Intellectual property disputes and international arbitration

2021 ◽  
Vol 58 (3) ◽  
pp. 929-941
Author(s):  
Ay Yunus Emre
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Suitable Alternative ◽  
International Commercial Arbitration ◽  
Set Up ◽  
Commercial Disputes

International arbitration is widely enjoyed in international commercial disputes. Popular arbitral institutions are known for international commercial disputes. Moreover, academic papers generally analyse international commercial arbitration. However, intellectual property disputes are also resolved in arbitration. Therefore, WIPO set up arbitration and mediation institution in its body. Purpose of this paper is to emphasize that arbitration is also suitable alternative dispute resolution for intellectual property disputes.

scholarly journals Screening of Foreign Investments and the Bilateral Investment Treaties of Bangladesh

2021 ◽  
Vol 3 (2) ◽  
pp. 37-53
Author(s):  
Mohammad Belayet Hossain ◽  
Asmah Laili Bt Yeon ◽  
Ahmad Shamsul Bin Abdul Aziz
Keyword(s):  
Significant Role ◽  
Foreign Investment ◽  
Research Method ◽  
Bilateral Investment Treaties ◽  
Host Countries ◽  
Foreign Investments ◽  
Foreign Investors ◽  
Host State ◽  
Investment Treaties ◽  
The Government

Since 1960, about 2852 bilateral investment treaties (BITs) have been signed. Of them, 2298 BITs are in force at present. In the last 61 years, the WTO members failed to conclude a global treaty to regulate FDI in host countries, consequently, the BITs have played a significant role to regulate FDI. As a member of the WTO, Bangladesh has signed 31 BITs so far with various states to allow and increase the inflow of FDI into the country. Bangladeshi foreign investment laws and BITs mainly protect foreign investors. However, neither of them has any specific provision regarding the screening of foreign investments in Bangladesh. Two questions have been addressed in this paper: (a) Do the BITs of Bangladesh allow the host state for screening of foreign investments at the entry stage? (b) Should the screening of FDI be required during the pre-entry stage in Bangladesh? In this paper, a doctrinal research method has been used to critically analyze 15 BITs to explore whether there is any reference for screening of foreign investments in Bangladesh. We find that the existing Bangladesh BITs have provisions to promote and protect foreign investments but have no reference in relation to the screening of foreign investments. Therefore, the author has recommended that the Government of Bangladesh can consider specific provisions for screening of FDI in future BITs.

scholarly journals A Forgotten Chapter in the History of International Commercial Arbitration: The Slave Trade's Dispute Settlement System

2018 ◽  
Vol 31 (2) ◽  
pp. 219-241 ◽  
Author(s):  
ANNE-CHARLOTTE MARTINEAU
Keyword(s):  
Large Scale ◽  
Dispute Settlement ◽  
International Investment ◽  
Economic Life ◽  
International Arbitration ◽  
Dispute Settlement Mechanism ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
History Of ◽  
Set Up

AbstractThis article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. Why was this system set up, how did it work, and what was its faith? The overall aim of the article is to invite international lawyers to rethink the history of international arbitration and pay closer attention to the ‘private’ dimensions of formal and informal imperialism. It also attempts to bridge the historical investigation and contemporary commentary. In the conclusion, I argue that this study allows us, in a mirroring effect, to question the idea that today's dispute settlement mechanism was conceived as a means to ‘depoliticize’ international investment law. What the introduction of arbitration achieves is to place some fundamental questions out of sight. Today, as in the past, arbitrators work from within the system; their work rests on a series of unspoken – and yet highly political – premises about the organization of economic life and the distribution of values.

International Commercial Arbitration

2009 ◽  
Author(s):  
Simon Greenberg ◽  
Christopher Kee ◽  
J. Romesh Weeramantry
Keyword(s):  
Commercial Arbitration ◽  
International Commercial Arbitration

Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla
Keyword(s):  
Case Law ◽  
Good Faith ◽  
Mutual Understanding ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Starting Point ◽  
Professional Audience

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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