JournalTOCs

ICSID Review : Foreign Investment Law Journal
Number of Followers: 15

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0258-3690 - ISSN (Online) 2049-1999
Published by Oxford University Press

[419 journals]

Víctor Pey Casado and President Allende Foundation v Republic of Chile:1
Layers of Preclusion
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  Authors: Ridi N.
  Pages: 488 - 497
  PubDate: Tue, 08 Mar 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab025
  Issue No: Vol. 36, No. 3 (2022)
Víctor Pey Casado and President Allende Foundation v Republic of Chile: 1
Assignment of Investment Treaty Claims and Jus Standi of the Assignee
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  Authors: Morris D; Kalelioğlu C.
  Pages: 498 - 505
  PubDate: Tue, 08 Mar 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab026
  Issue No: Vol. 36, No. 3 (2022)
Michael Anthony Lee-Chin v Dominican Republic:1 Interpreting the Consent
to Arbitrate in the CARICOM–DR FTA
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  Authors: Lampo G; Minervini G.
  Pages: 506 - 517
  PubDate: Thu, 03 Mar 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab046
  Issue No: Vol. 36, No. 3 (2022)
The Potential Impact of the 2020 UAE FDI Decree and Side Agreements
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  Authors: Na’el Al-Tawil T; Prabhakar Gantasala V, Ibraheem W.
  Pages: 518 - 535
  Abstract: AbstractThe United Arab Emirates (UAE) has assumed a leading role in attracting foreign investments in the region through the implementation of the Foreign Direct Investment Law of 2018 (FDI Law). The goal of the FDI Law is to create a pathway and framework that would enable 100 percent foreign ownership of UAE limited liability companies beyond the allowed 49 percent cap in mainland UAE. The efforts have been bolstered by the latest FDI Decree that offers full foreign ownership to businesses in the UAE, except ‘strategic impact’ activities. Therefore, the purpose of this article is to explore the potential impact of the FDI Decree on inflows of foreign investments into the UAE. The article also examines the persisting question about the legal validity and enforceability of side agreements. Preliminary findings have shown that the FDI Decree is a significant step towards the liberation and modernization of the UAE foreign investment landscape. The new regime will certainly spur inbound flows of foreign investments into the UAE. However, it is still too early to ascertain the extent of the Decree in encouraging greater foreign investment and ultimately diversifying the UAE economy. Additionally, concerns over the legal validity and enforceability of side agreements will persist under the new regime pending the release of the Strategic Impact List. A major issue is the uncertainty surrounding the proactive implementation of the Anti-Fronting Law, which prohibits side agreements with UAE nationals. The future of the Anti-Fronting Law is critical, considering that limiting or prohibiting side agreements will undermine the UAE’s quest for liberalization and modernization. Foreign investors must now develop future-proofing actions to take advantage of the new law. Ultimately, foreign investors will have the final word after the full implementation of the FDI Decree.
  PubDate: Fri, 28 Jan 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab032
  Issue No: Vol. 36, No. 3 (2022)
The 2019 Morocco Model BIT: Moving Forwards, Backwards or Roundabout in
Circles'
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  Authors: Banerjee A; Weber S.
  Pages: 536 - 562
  Abstract: AbstractThe Moroccan Model Bilateral Investment Treaty (BIT) (2019) adds to a growing body of ‘new-generation’ model BITs that have fuelled the conversation on reforming the investment arbitration system. Broadly speaking, such agreements have attempted to rethink means of dispute resolution and traditional investment protection standards while adding detailed investor obligations and standards of conduct. In that context, this article discusses the provisions of the Moroccan Model BIT (2019), highlighting not only progressive developments but also areas of concern. Upon comparing the provisions of the BIT with those of other ‘new-generation’ investment agreements, as well as existing treaty practice, the authors offer the following findings.
  PubDate: Wed, 16 Mar 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab021
  Issue No: Vol. 36, No. 3 (2022)
The Use of the UNIDROIT Principles and Other Transnational Principles of
Commercial Law in Treaty Arbitration: Hazards and Opportunities
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  Authors: Carlevaris A.
  Pages: 592 - 616
  Abstract: AbstractThe UNIDROIT Principles of International Commercial Contracts and more generally transnational principles of commercial law are often relied on, not only by international commercial arbitral tribunals, but also by investment tribunals. In rare cases, investment tribunals have relied on such principles as applicable law per se. More frequently, transnational principles have been relied on to supplement the tribunal’s findings based on the applicable domestic or international law as ‘general principles of law recognized by civilized nations’ in the meaning of Article 38(1)(c) of the Statute of the International Court of Justice. In commercial arbitration, reliance on transnational principles aims at strengthening the tribunal’s conclusions and enhancing their acceptance by the parties, whereas in investment arbitration reliance on transnational commercial principles shows growing convergence between the ways in which general principles are understood and applied in domestic private law and public international law. Transnational principles of commercial law serve a useful purpose in corroborating tribunals’ conclusions based on domestic or international law. However, their use requires an appropriate choice-of-law methodology to avoid risks for the enforceability of awards.
  PubDate: Tue, 08 Mar 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab038
  Issue No: Vol. 36, No. 3 (2022)
ISDS Reform in the Context of China’s IIAs
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  Authors: Kong Q; Chen K.
  Pages: 617 - 635
  Abstract: AbstractThe investor–state dispute settlement mechanism enables investors to seek remedies in the face of a violation of related international investment agreements, which are crucial to maintaining the standards of investor protection that have been consented to by the contracting parties. On the other hand, more and more problems in the system have been exposed as the number of investor–state dispute settlement cases has increased. These range from substantive issues, such as the treatment granted to investors, to procedural ones, such as cost management and related procedures. Debates on investor–state dispute settlement reform have led to various options for reshaping the relevant mechanisms. Amid the new trend of investment liberalization and facilitation, China is undergoing a new round of bilateral investment treaty revision and free trade agreement negotiation. How the investor–state dispute settlement process is to be framed boils down to how China assesses its own interest vis-à-vis its partners and how it prioritises its objectives in international investment agreement negotiation with its partners. It is submitted that China should take a calculated risk on the investor–state dispute settlement provisions in international investment agreements with adequate consideration of competing interests.
  PubDate: Tue, 29 Mar 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab020
  Issue No: Vol. 36, No. 3 (2022)
An Analysis of Concurrent Proceedings under Chinese BITs
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  Authors: Peng Y; Shen W.
  Pages: 636 - 648
  PubDate: Thu, 06 Jan 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab018
  Issue No: Vol. 36, No. 3 (2022)
Judging at the Interface: Deference to State Decision-Making Authority in
International Adjudication
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  Authors: Dautaj Y.
  Pages: 649 - 656
  Abstract: ShirlowEsmé, Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication (Cambridge University Press 2021), ISBN: 978-1-108-49097, pp 376, £95.00
  PubDate: Wed, 09 Feb 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab045
  Issue No: Vol. 36, No. 3 (2022)
A Guide to General Principles of Law in International Investment
Arbitration
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  Authors: Särkänne K.
  Pages: 657 - 660
  Abstract: DumberryPatrick, A Guide to General Principles of Law in International Investment Arbitration (Oxford University Press 2020), ISBN: 9780198857075, pp 416 (print copy £132.50)
  PubDate: Thu, 10 Feb 2022 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab040
  Issue No: Vol. 36, No. 3 (2022)
Víctor Pey Casado and President Allende Foundation v Republic of Chile:1
‘ICSID’s Longest-Running Case’ An introduction to the Agora
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  Authors: Parra A.
  Pages: 471 - 487
  PubDate: Sat, 18 Dec 2021 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab024
  Issue No: Vol. 36, No. 3 (2021)
Legal Consequences of and Approaches to the Question of Recognition of a
Government of a State: Disputes involving Venezuela
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  Authors: Rees-Evans L; Carvosso R.
  Pages: 563 - 591
  Abstract: AbstractThis article examines the ongoing dispute over the presidency of Venezuela as a case study on the state of international law relating to the recognition of governments. Since the beginning of the presidential deadlock in Venezuela in 2019, ICSID tribunals and ad hoc Committees, as well as the courts of England and Wales, have found themselves embroiled in the dispute over the Venezuelan presidency between the rival Maduro and Guaidó administrations. ICSID tribunals and committees have had to determine whose legal representatives are entitled to represent Venezuela in proceedings before them, while the English courts have been called upon to determine which administration has control over Venezuelan gold and other assets held in the UK. These disputes have brought renewed arbitral and judicial attention to the concepts of ‘effective control’ and recognition. This article examines how each of the courts and tribunals has addressed these concepts, and what their decisions tell us about the legal consequences of recognition as a matter of international and domestic law.
  PubDate: Sat, 11 Dec 2021 00:00:00 GMT
  DOI: 10.1093/icsidreview/siab022
  Issue No: Vol. 36, No. 3 (2021)