Enforcement of Arbitral awards in commercial disputes and the defence of Sovereign immunity: Comparative study UK and Iran
For commercial multinational companies and foreign Direct investors (FDI) wanting to contract with Iran or Iranian controlled bodies arbitral awards that seek to be enforced can be challenged by the Iranian government on grounds of sovereign immunity and thus all together curtail the enforcement altogether. I will seek to answer how FDI and commercial parties (being UK companies) are protected and ultimately answer the issues that may arise as a result of a sovereign immunity defence. Furthermore, I will also seek to answer what substantive Legal Protection there is for British Foreign Direct Investors wanting to
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Iran has currently 53 BITs with countries globally in force but not with UK . I will attempt to explore the legalities and procedures into how it is possible for a UK company to set up safely in Iran and how arbitration can play an essential role in safeguarding the investor as resolutions of disputes with foreign investors as national courts can lead to a lengthy and costly battle. I will also look at what would constitute as foreign investment in Iran and attempt to also see how the award can be enforced against an Iranian entity whilst further exploring how sovereign immunity can effect the enforcement of an award given by a UK arbitral tribunal.
As a signatory to the New York convention since 2001 Iran has adopted arbitration with open arms, as Iran is an Islamic country Sharia law governs it and as such, Quran verses do shed light on arbitration in loose terms , although it was described as more of a reconciliation type model . The enforcement of international commercial arbitration awards in Iran have been overseen by domestic legislation Governed by provisions of domestic legislation and many prevalent over regional or international enforcement instruments, even though Iran has implemented separate arbitration laws that largely are molded from the UNCITRAL Model Law . This can be seen as a very good incentive for FDI as it gives the investor some comfort.
For this assignment, I will describe the main international institutions by giving a description of what they are and how they operate. I will then explain how they are structured and governed and I will give some details about how they form and evolved. In my assignment, I will also include some case studies operated by these institutions and their consequences. Finally, I will explain the impact of these institutions on UK Public Services.
Should the Foreign Sovereign Immunities Act (FSIA) preclude this lawsuit? Why or why not? (P.166)
When U.S business are thinking about going abroad, they need to be aware of the other country’s laws and regulations. “All businesses must, of course, follow the laws of the countries in which they are physically present and operating. Businesses may also be required, even in their foreign operations, to continue to follow certain laws of their home country. Also, businesses operating across national borders will also be subject to international law (Tony McAdams, 2014)”.
This article also examines the meaning and implementation of universal jurisdiction. For no sanction mechanisms have been created to induce them, without their consent, to abide by their obligations, until now only the goodwill of states could be relied on to guarantee their implementation in good faith. Before ending with some possible remedies to minimize potential
Kolkey, D. M., Chernick, R., & Neal, B. R. (2012). Practitioners handbook on international arbitration and mediation (3rd ed.). Huntington: JurisNet.
Business is continually growing on a global level leading to international business partnerships, agreements, and trades. During these types of business relationships disputes are common (University of Phoenix, n.d.). If a dispute occurs one party may chooses to take legal action against the other party. Making the decision to take legal action businesses must make considerations prior to proceeding. Making the right decisions can build a strong relationship between parties. Considerations to take include contracts, local law, and local customs and culture. Steps may be taken to minimize risks in international business agreements as well.
this essay I will attempt to examine and analyse the effectiveness of international courts and
International trade is important and beneficial to business. However, international trade guides a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations.
Comment: I think that you did a nice job and have a solid argument, in a perfect world I believe that this is what we should do. But because individual countries are stubborn an International Court may not have authority. This raises some questions that I have for you, although I do agree with what you said I also think that the likelihood of an International Court being corporative is not realistic.
Arrangements (PAs), legally binding international agreements, the U.S. and U.K. are able share the responsibility
Bahrampour, Tara. “‘Patriot of Persia: Muhammad Mossadegh and a Tragic Anglo-American Coup’ by Christopher De Bellaigue." Rev. of Patriot of Persia: Muhammad Mossadegh and a Tragic Anglo-American Coup. The Washington Post. Web. .
One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.
International projects present multinational corporations with many complexities in organizing a profitable transaction structure.Foreign exchange risk is an underlying problem. Credit risk presents another challenge. Payment terms and the certainty of realizing them can be difficult points. Negotiations with foreign corporations and governments, and with agents and intermediaries, present additional challenges. An example of the demanding environment for global financial activities is presented in the case of "Avicular Controls and Pakistan Airlines". It is found in Cases in International Finance on page 40.
The level of internationalisation around the globe has grown throughout the years, with advanced technologies the ease and ability to work with foreign countries has also grown. However, firms do not simply interact with each other with no outside party involvement; the government can be seen to play a large role in conducting international business. Governments continuously have the responsibility to act in the manner that they believe is best for their nation; this includes decisions regarding protectionism, which may serve to aid domestic industries but simultaneously hinder international business. It can be seen that governments do not always act in their nation’s best interest and are corrupt which can serve to increase the risks and costs of entering an international business environment. While these are examples in which the government makes international business difficult it can also be seen that the presence of a government is instrumental in creating international business effectiveness, whether this be through their legal system or from trade agreements. This makes the role the government plays paradoxical; as their involvement generally increases the risks and costs of firms seeking to internationalise, whilst simultaneously playing a significant role in creating international business effectiveness.
An important reason for this popularity is that States have consented in advance to compulsory dispute settlement by the WTO and also, but to a lesser extent, by ICSID arbitration. In the case of the WTO it is the WTO Dispute Settlement Understanding that confers compulsory jurisdiction on the WTO Dispute Settlement System; while in the case of ICSID a large number of States have consented in advance to ICSID jurisdiction over their disputes with investors by means of express provisions in Bilateral Investment Treaties. Moreover, an important additional reason for the widespread use of ICSID as a forum for international dispute settlement is that investors – who are in effect the substantive rights holders under Bilateral Investment Treaties – are often given the right to institute ICSID arbitration directly against the host State.