What Is The Threat Of Investor-State Arbitration

Should the Foreign Sovereign Immunities Act (FSIA) preclude this lawsuit? Why or why not? (P.166)

3. Discuss the advantages and disadvantages of using arbitration to settle non-labor issues such as consumer complaints, employer-employee disputes, and so on. Find an example from the business world where this was done.

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

- Participation of the International Law Organization: [Accepts the compulsory jurisdiction of the International Court of Justice with reservations; accepts the jurisdiction of the International Criminal Court]. (1)

Kolkey, D. M., Chernick, R., & Neal, B. R. (2012). Practitioners handbook on international arbitration and mediation (3rd ed.). Huntington: JurisNet.

In 2001, The United States Supreme Court has decided that the Federal Arbitration Act applies broadly to employment contracts, since that time usage of forced arbitration agreements by employers significantly increased. There are several reasons why the arbitration agreement on employment contract is legally enforceable. First of all, when the agreement reflected on the promise, which has valid offer, acceptance, and consideration, between employer and employee, it can be considered as a legally enforceable contract. Thus, the contract shouldn’t be involved in lack of capacity, voluntary consent, and illegality. In fact, customer or employee give up their rights to potential legal action in exchange for a job, product, or a service. Consequently,

this essay I will attempt to examine and analyse the effectiveness of international courts and

The evolution of international criminal justice is important to consider. Two ad-hoc tribunals, the International Criminal Tribunal of Yugoslavia (ICTY) and the International Criminal Tribunal of Rwanda (ICTR), have facilitated the adoption of the ICC. The ICC came into existence on July 1, 2002. The court operates on the principle of complementarity which means that the court does not function unless a state in question is unable or unwilling to investigate and, if warranted, prosecute for one of the covered crimes. Whereas the ICTY and the ICTR had primary jurisdiction and could supersede state action, the ICC only has the aforementioned

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.

Finally, once the more than 2 countries governments subsidize the firms in their countries, that would be an international dispute.

Multilateral arrangements in the global economy such as IMF, GATT, G –7, as well as multi nation corporations frustrate states through threat of transfer pricing and relocating their production facilities (Goksel 2005).

Facts: On November the 13th 1997, a St. Vincent’s and Grenadine agent filed a case against Guinea concerning the release of Marine Vessel Saiga as well as its crew. The vessel had been taken into custody by the concerned authorities after being suspected to be used for smuggling purposes. During its seizure, the vessel was in the process of refueling both fishing vessels as well as normal vessels that were operating off the coast of Guinea. During the time of its arrest, the vessel was drifting within the Exclusive Economic Zone of Sierra Leone.St. Vincent and Guinea happen to be state parties of the United Nations Convention on the Law of the sea thus making the tribunal to have a jurisdiction in this particular case.

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.

International commercial arbitration is one of the most important legal institutions in international private law. This conclusion follows from the fact that the nature of arbitration depends largely on autonomy of the parties, who choose arbitration procedure as the procedure in which the dispute will be settled; place where the arbitration is to be held; arbitral tribunal etc. Probably the most important and considerable expression of the autonomy is the right to choose the law, which is to be applied to merits of the dispute. The chosen applicable law guarantees in large measure predictability of the outcome of the case and allows parties to control the scope of interpretation and application of the international commercial

* Regular ICC regional con-ferences focus on the concerns of business in Africa, Asia, the Arab World and Latin America.