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Investment Arbitration

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Submitted By Hannah1030
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What options do Foreign Investors have when States violate agreements?

Foreign investment has played a critical role to the World’s economy, so promoting and protecting foreign investment can bring big benefits for the developing and developed countries. So when States violate agreements, the foreign investors may have some main options to protect their rights in the investment.
First is the ICSID Convention and it stands for the Convention on the Settlement of Investment Disputes, also known as the Washington Convention, which is formulated by the World Bank. The Convention made the establishment on the International Centre for Settlement of Investment Dispute, which is an international organization to solve the investment dispute between the contracting states and the nationals of other Contracting States. The aim of the Center is to “promote an atmosphere of mutual confidence between States and foreign investors conducive to increasing the flow of private international investment.” Otherwise, there are sets of rules about arbitration or conciliation. So after meeting the requirements, foreign investors can be protected efficiently according to the ICSID Convention when the States violate the agreements.
Another one is the BITs and it means bilateral investment treaties. The purpose of the BITs is to make a benefit to the State and also for the benefit of an investor, so according to the BITs, the rights of the foreign investors can be protected successfully when the States violate agreements.

Bibliography

Anthony Connerty, Manual of International Dispute Resolution (Commonwealth Secretariat 2006) Blackaby, N. et al, Redfern and Hunter on International Arbitration– Student Version (OUP, Oxford 2009).

H Street, N.W. ‘ICSID CONVENTION, REGULATIONS AND RULES’ Washington, D.C. 20433, U.S.A. <https://icsid.worldbank.org/ICSID/StaticFiles/basicdoc/CRR_English-final.pdf >accessed on 22/2/2013. Kenneth J. Vandevelde, Bilateral Investment Treaties History, Policy, and Interpretation
(Mar2010)

Margaret L. Moses, The Principles & Practice of International Commercial Arbitration (2nd CUP, Cambridge 2010).

--------------------------------------------
[ 1 ]. Margaret L. Moses, The Principles & Practice of International Commercial Arbitration (2nd CUP, Cambridge 2012) 230
[ 2 ]. Anthony Connerty, Manual of International Dispute Resolution (Commonwealth Secretariat 2006) 77
[ 3 ]. Margaret L. Moses, The Principles & Practice of International Commercial Arbitration (CUP, Cambridge 2012).
[ 4 ]. Anthony Connerty, Manual of International Dispute Resolution (Commonwealth Secretariat 2006) 77
[ 5 ]. H Street, N.W. ‘ICSID CONVENTION, REGULATIONS AND RULES’ Washington, D.C. 20433, U.S.A. accessed on 22/2/2013
[ 6 ]. Kenneth J. Vandevelde, Bilateral Investment Treaties History, Policy, and Interpretation (Mar2010)

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