Enforcement of International Commercial Arbitration Agreements and Awards in Investment Treaty Arbitration


DEMİRKOL B.

ICSID REVIEW-FOREIGN INVESTMENT LAW JOURNAL, vol.30, no.1, pp.56-77, 2015 (Journal Indexed in ESCI) identifier identifier

  • Publication Type: Article / Article
  • Volume: 30 Issue: 1
  • Publication Date: 2015
  • Doi Number: 10.1093/icsidreview/siu033
  • Title of Journal : ICSID REVIEW-FOREIGN INVESTMENT LAW JOURNAL
  • Page Numbers: pp.56-77

Abstract

This article explores the topic of international investment disputes that arising from a violation which is directed at an international commercial arbitration agreement or award. In previous investment treaty arbitration cases, such disputes have already found justiciable. This article discusses several aspects that are worthy of note in respect of these disputes and focuses on the particularities of previous investment cases. These aspects cover the scope of consent to investment arbitration, particularly the question of whether the investor can directly allege a violation of the New York Convention before investment tribunals. It also treats the determination of investment as the basis of jurisdiction ratione materiae, the legal interest of the investor in such an investment claim, the extent of state responsibility for different relevant causes of action, and the remedies that can be sought by the investor.