Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Università degli Stu...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
addClaim

ENFORCEMENT OF ARBITRAL AWARDS IN ICSID ARBITRATION

Authors: Cantelmo, Tobia;

ENFORCEMENT OF ARBITRAL AWARDS IN ICSID ARBITRATION

Abstract

This research project aims to analyse what in doctrine has been called the Achilles heel of ICSID arbitrations, i.e. the obstacle posed by the theory of State immunity to the enforcement of arbitration awards rendered against sovereign States by arbitral tribunals constituted under the provisions of the Washington Convention of 1965, establishing, under the auspices of the World Bank, the International Centre for the Settlement of Investment Disputes (ICSID). This research project aims to analyse the various solutions that have been proposed by the doctrine and practice to the problem of enforcement of ICSID awards and to propose a solution that will be a balance between the prerogatives of the State and the investor's rights. In the discussion several cases, even non ICSID ones, will be examined as their analysis is essential in order to illustrate common issues and draw common solutions. It is structured as follows: after a brief reconstruction of the regulatory framework, we will analyse the problems related to immunity from execution of the State in the context of the ICSID arbitral awards and finally we will address the different means of enforcing awards proposed and possible approaches to the issue.

Country
Italy
Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
Fields of Science
Fields of Science
Related to Research communities