Introduction into Investment Law and Arbitration

Responsibility and Enforcement

Our last session will be dedicated to two issues. Firstly, we will deal with responsibility for breaches of investment standards. Secondly, we will have a look at recognition and enforcement of investment awards.


Hereunder are the questions for the session:

  1. Which elements are necessary for international responsibility for violation of standards of investment protection to arise?
  2. When the conduct may be attributed to the state to trigger international responsibility?
  3. May the state successfuly claim that it acted in compliance with domestic law to avoid responsibility for breach of investment standards?
  4. What are legal consequences of the violation of a standard of protection under an investment treaty?
  5. What remedies does investor have against violations of investment standards?
  6. What does the principle of full compensation refer to?
  7. How to enforce investment arbitral awards? What obstacles/defences to their enforcement do exist?
  8. Would you recommend to an investor to choose the New York Convention, or ICSID Convention for the enforcement of an investment award against the state? 


The compulsory reading materials are as follows :



 NOTE: 

Articles 1,2, 3, 4=11, 31=38 DARSIWA

ADC v. Hungary, paras 479=522.

Art. V NY Convention.

Articles 50=55 CSID Convention

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