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