Arbitration Of Investment Agreements : A Perspective From Case Laws

2(a). Are there any differences between the arguments of the English Court of Appeal and the Singapore High Court in determining the proper law to the arbitration agreement?

in which this decision is made. In some jurisdictions, the cases may be decided upon

Foreign investment is an important part of our economy. There are many benefits to foreign investment in any country. It would be very difficult or impossible today to close the doors to foreign investment. The fact is foreign investment is responsible for providing a great deal of needed capital in this country. This capital is an asset in the continuous modernization and expansion of our manufacturing and other productive facilities. Without investment in our factories and processes we would fall behind in the world market. These investments lead to increased competitiveness within the international community.

* International Investment - refers to the transfer of assets to another country or the acquisition of assets in that country. Economists refer to such assets as factors of production and they include capital, technology, managerial talent and manufacturing infrastructure.

The primary proposition in this regard is that the Arbitrator’s award is final in fact and law . Court’s interference is only in exceptional cases . The Courts have always been careful in

ISDS allows the foreign investor to circumvent domestic courts and to bring sue against a hosted country government. This argument mediated by a panel of private international arbitrators. The provisions for ISDS are written in several bilateral investment treaties. ISDS was created to reduce the political risks related to rapidly increasing foreign investment, and make the commitments made by host States in investment treaties more easily enforceable (EPRS, 2014). In the case of Eli Lilly and Company versus Canada, the provision was written in Chapter 11 of the North American Free Trade Agreement(NAFTA)(wikipedia.org). ISDS often takes place under the supervision of arbitral tribunals such as the World Bank and United Nations.

The case being presented indicates the establishment of a joint venture between Monarch Associates with Vladir Unlimited. The case presented indicates that before the two companies signed the agreement for the joint venture there was a need for the two of them to clearly understand the details of what they were engaging in (Gaillard, 2015). To start with, a joint venture has been defined as a type of business that involves two identical organizations forming a partnership. The two come together to engage in a single project and not to continue with their normal daily operations (Mistelis, Shore, & Smit, 2010). As such, when different individuals, corporations, and partnerships come together and make a private agreement to produce, finance and sell different goods and offer similar services, they are then said to have formed a joint venture (Gaillard, 2015). As such, joint ventures have been said to be the best and the most popular ways of developing different nations for purposes of attracting foreign capital.

Forced arbitration is chosen by companies because it benefits companies. People are frequently unaware that they’ve agreed to forced arbitration. Most Americans have accepted good or services or a job with forced arbitration as a condition. Forced arbitration severely limits consumer choices for breaking up a conflict. By forced arbitration if any problem comes up, you can’t amend that decision. The contract typically also names the arbitration company that must be used. Forced arbitration clauses generally bind the consumer and not the company. The way many forced arbitration clauses are written, the seller retains its rights to call for any complaint to court while the consumer can only initiate arbitration. Arbitration is a private system without a judge, jury or a right to an appeal. Arbitrators aren’t required to learn the law into account in arriving at their determinations. There is no appeal of decisions to ensure the arbitrator got it right.

It is a business deal denominated in a currency other than a company's domestic currency.

Arbitration is a dispute resolution method that allows the dispute to be solved outside the court of law. When both parties agree on the arbitration procedure, an arbitrator1 will review the evidence, listen to parties and then issue a final decision (award). This method differs from court litigation in several ways and thus the preference of some MNE’s for arbitration rather than litigation. First, it is a less formal procedure than court litigation, as it does not need a judge or a court. However, it is more formal than the mediation or negotiation processes. Second, and one of the main differences,

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.

tions from different countries. Typically, this involves the allocation of resources from these businesses based in different countries, to a new project or venture which they seek to undertake, using

Most of the foreign investments are protected by investment treaties and if there is any breach, the investor can seek for compensation under international arbitration. The question is whether to which extent does the arbitration provides them solution and which ways or methods they can seek alternative to arbitration. The answers for all these will be discussed in this research analysis step by step considering all the issues and the pros and cons as well, which it will give a meaningful conclusion at the end. International arbitration serves as the important method where foreign investors can bring claims against host state arising from an investment disputes under the current international investment law. Investor State Dispute

Examples of non-pecuniary relief are particularly rare in investor state arbitration. In the vast majority of cases, investors request damages, as opposed to non-pecuniary relief. This preference for damages often reflects practical considerations, such as the difficulty of obtaining restitution of property that has already been liquidated. Moreover, the filing of an investor-state arbitration often signals the end of the relationship between the parties; investors may fear that they can no longer operate in what is perceived to be a hostile environment. In many cases, restoring the status quo ante by ordering a State to rescind a tax regulation or restore confiscated property may be of little use.

(a) to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof;