Article 5. Submission by a non-disputing Party to the treaty

Paparinskis, Mārtiņš; Howley, Jessica

doi:10.1017/cbo9781139939577.009

Cited by 14 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…According to PwC and Queen Mary University of London, the preferences of corporations for international arbitration to resolve their crossborder dispute has also increased, from 73% in 2006 to 90% in 2015. 32 Accordingly, the top valuable characteristics of ISDS to investors are "enforceability of awards", "avoiding specific legal systems," followed by "flexibility" and "selection of arbitrators". In other words, the choice to resolve disputes in a third, neutral forum and the binding decisions are what makes international arbitration, or ISDS, become indispensable.…”

Section: Regard To Stakeholders In Investment Contractual Relationshipmentioning

confidence: 99%

Vietnam's Recognition and Enforcement of Foreign Arbitral Awards and Preparation for EVFTA

Phuong

Hoang

Thanh³

2017

SSRN Journal

View full text Add to dashboard Cite

Arbitration activities in Vietnam is becoming a popular choice of investors in dispute resolution. However, European investors in Vietnam repeatedly raised concerns that it is extremely difficult in practice to achieve the recognition and enforcement of foreign arbitral awards through the Vietnamese courts. Now the European -Vietnam Free Trade Agreement (EVFTA) which is expected to take effect in 2018 has imposed a new two-tier investment court system (ICS) for investors-States dispute settlement (ISDS) instead of traditional arbitration-based ISDS. This paper focuses on analysing the compatibility between the ICS mechanism and Vietnam legal framework and current practice in recognition and enforcement of foreign arbitral awards, thereby proposing some recommendations for Vietnam's preparation with the EVFTA ahead.

show abstract

Section: Regard To Stakeholders In Investment Contractual Relationshipmentioning

confidence: 99%

Vietnam's Recognition and Enforcement of Foreign Arbitral Awards and Preparation for EVFTA

Phuong

Hoang

Thanh³

2017

SSRN Journal

View full text Add to dashboard Cite

show abstract

Beyond Protection: The Role of the Home State in Modern Foreign Investment Law

Gazzini

2021

Public Actors in International Investment Law

View full text Add to dashboard Cite

The chapter examines the evolution of the role of the home state in foreign investment law. Traditionally, such a role was essentially limited to norm-setting and protecting nationals and national companies abroad. Protection was typically offered through diplomatic protection, which was based on the legal fiction that the state was vindicating its own right. The conclusion of modern investment treaties, the progressive emancipation of foreign investors and the development of investor-state arbitration meant a marginalisation of the home state. Some recent treaties, however, have paved the way for a new role for the home state that goes well beyond protection of its nationals and national companies. Innovative provisions have introduced obligations and responsibilities for the home state, especially with regard to the fight against corruption and the liability of its own investors. It remains to be seen to which extent these provisions will spread across the international community of states.

show abstract

The Return of the Home State to Investor-State Disputes

Polanco¹

2018

View full text Add to dashboard Cite

Article 5. Submission by a non-disputing Party to the treaty

Cited by 14 publications

References 0 publications

Vietnam's Recognition and Enforcement of Foreign Arbitral Awards and Preparation for EVFTA

Vietnam's Recognition and Enforcement of Foreign Arbitral Awards and Preparation for EVFTA

Beyond Protection: The Role of the Home State in Modern Foreign Investment Law

The Return of the Home State to Investor-State Disputes

Contact Info

Product

Resources

About