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International Investment Arbitration under ICSID & Enforcement, Appeal Mechanisms & Practical Limitations
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Rahul Kanna R.N.
Student at Jindal Global Law School, India.
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.
Keywords
- Arbitration
- Investor-State Arbitration
- ICSID Convention
- Independent Arbitrators
- Enforcement Procedure
- Appeal Mechanism-ICSID
- New York Convention
- World Bank Group
- Chevron-Ecuador Investment arbitration
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.112710Creative Commons
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.
Copyright
Copyright © IJLMH 2021