Categorizing Foreign Direct Investment Protection Mechanisms

The paper explores the various foreign direct investment protection mechanisms through categorising them in order of their application so that foreign investors can clearly understand the nature of these mechanisms and when and how they can be effectively used for their benefit

Rola prawa krajowego w międzynarodowych sporach inwestycyjnych

The author of the article deals with the issue of how important the laws and regulations of the host state really are, when it comes to international investment disputes. To answer the aforementioned question, the reader is fi rst given a short introduction to the idea of foreign direct investment within international trade, along with the major legal agreements governing them. The fi rst main part of the article brings closer the notion of international investment law and tries to explain its complex nature, together with some historical context. The second and the main part is divided into smaller divisions, in order to refl ect the stages of FDI from its commencement up to a possible outcome of a legal dispute before an international arbitration tribunal, and to present how the applicability and signifi cance of the host state law changes, along with the shift of those stages. The most important deliberations on the host state law within the article consider: its complimentary character to public international law and the investment treaties, its infl uence on the issue of jurisdiction of the arbitration tribunals in international investment disputes and its applicability during the merits stage of such disputes. Another feature worth mentioning is the presentation of the new form of clauses incorporated into modern investment contracts, i.e. – the choice of law and stabilization clauses. The author based his conclusions on a vast selection of international arbitration awards and decisions, as well as the modern treaty practice of the states, by virtue of researching model BIT’s of the biggest traders in the world, e.g. Germany, China, France and United Kingdom of Great Britain and Northern Irelan

The Arbitral Tribunal: Selection and Replacement of Arbitrators

The great majority of international investment arbitrations are decided by a three-member arbitral panel, where each party selects one arbitrator, and the presiding arbitrator is selected either by agreement of the parties, the party-appointed arbitrators, or, more often, by a neutral appointing authority. Their selection is not only a characteristic feature of international investment arbitration, but also one of the most important and delicate acts taken by the parties during the proceedings. Indeed, as frequent arbitrator Professor William W. Park noted, while “in real estate the three key elements are ‘location, location, location,’ . . . in arbitration the applicable trinity is ‘arbitrator, arbitrator, arbitrator.” The selection of arbitrators is made after serious and in-depth research by counsel, in consultation with the client. It is essential that parties nominate arbitrators that are knowledgeable, capable, and can work together. There is a lot at stake: the qualifications and arbitral skills of the arbitrators can have significant impact on the conduct and development of the arbitration and, ultimately, on the award and its enforcement. Arbitrators are the adjudicators of essentially all the disputes between the parties. During the course of the proceedings, they will have the power to decide both substantive and procedural issues relevant to parties’ dispute. The quality of the arbitrators is essential for a successful arbitration and, more generally, for the reputation of the arbitration process itself. This chapter first describes how, and assesses who, to select as arbitrators, it then reviews challenges procedures, and finally explains how arbitrators’ vacancies are filled

Acquisition of Foreigners in Iran

In this article we will be looking for it, the question is whether aliens can immovable property in their possession in Iran? constitution of the prevention of foreign economic domination over the country's economy is stressed. prediction limits and conditions for the acquisition of real property by foreign domination and influence one way of preventing them from seizing the land of a country. coreigners may purchase multiple properties in a region of a country's territory and the area of the territory allocated to the analysis. Iran, as part of the international community, to make rules and regulations pertaining to citizenship, to embark on the border between Iran and the alien is a citizen. iranian civil code, in its article 976, paragraphs seven, people with the iranian government, and the country's citizens are sovereign function relationship, and ultimately determine how the acquisition will foreigners in Iran. Keywords:. Acquisition ; Foreigners in Iran ; Ownership; Immovable property; Foreign rights; Naturalization

Proportional Pragmatism: A Defense of International Arbitration Agreements in the Face of Asymmetrical Paternalism

With foreign direct investment\u27s increasingly important role in the global market, a more comprehensive regulatory system has emerged to guide key participants. Bilateral investment treaties have developed as an essential piece of the emerging regulatory system. Bilateral investment treaties are [international investment] agreements between two countries for the reciprocal encouragement, promotion and protection of investments in each other\u27s territories by companies based in either country. These treaties have drastically affected the way foreign investors interact with host countries, especially in the area of dispute resolution. A distinctive feature of many BITs is that they provide for alternative dispute resolution procedures such as international arbitration. Numerous concerns have been raised, however, that developing countries are sacrificing too much sovereignty in order to attract FDI and that arbiters are beginning to act more like legislators than neutral decision-makers. International investment arbitration agreements have been attacked and defended since their proliferation began almost two decades ago. However, the system\u27s defenders have thus far only focused on the inadequacy of specific alternatives or attacked specific proposals. There has yet to be an argument that the autonomy provided by the current system allows developing countries to respond to any perceived disadvantages and adequately protect their own interests. This comment counters the notion that investment arbitration agreements provide too few protections for developing countries in arbitration proceedings