Commercial Arbitration Rules in Investment Treaties – A Historic Background

2005 ◽  
Vol 4 (3) ◽  
pp. 371-420 ◽  
Author(s):  
Antonio Crivellaro

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.


2013 ◽  
Vol 27 (4) ◽  
pp. 393-413
Author(s):  
Lafi Daradkeh

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.


Author(s):  
Simon Greenberg ◽  
Christopher Kee ◽  
J. Romesh Weeramantry

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla

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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