Reference : Immunity Defences and the Enforcement of Awards in Investor-State Disputes
Parts of books : Contribution to collective works
Law, criminology & political science : European & international law
Immunity Defences and the Enforcement of Awards in Investor-State Disputes
Garcia Olmedo, Javier mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
Investment Law & Arbitration in Central Asia: Emerging Issues
Nasir Gore, Kiran
Duggal, Kabir
Putilin, Elijah
Baltag, Crina
Kluwer International
[en] This chapter critically examines the claim that investment treaty awards have a final and binding character. It finds that, despite providing different mechanisms of collection, the ICSID and New York Conventions provide states with a tool to avoid compliance with investment treaty awards based on sovereign immunity rules. These rules have been invoked by states in an increasing number of cases, creating a hurdle for investors to obtain payment of the award. This chapter concludes with some potential remedies to the immunity bar.

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