Arbitration Law - Assignment Example

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ARBITRATION LAW By Course Instructor Institution 19, Mar 2012 PART A This scenario has elements of an investor –state arbitration, since Tourist Drivers Limited is fully owned by the state of Languada. In a similar case, GSS Group v. National Port Authority1 a case involving a corporation fully owned by the state of Liberia; the Court found that the corporation “is encompassed by the relevant statutory definition of the term, ‘foreign state’…
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Arbitration Law Assignment
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Download file to see previous pages First the seat of the arbitration3 should be in England or any other country signatory to Convention on the Settlement of Investment Disputes between States and Nationals of Other States, or Panama Conventions to ensure enforcement of arbitral awards.4 The seat should, as far as possible, be outside jurisdictions known for judicial interference. For example, the Argentine Supreme Court, in June 2004 Cartellone decision,5 held that waivers were invalid when issues of public policy are at stake.6 Secondly, the clause should include a commitment by the company to resolve disputes through arbitration such that rights and duties of each party cannot be determined by a unilateral action of the host state. With regards to the laws applicable, article 4(2) of ICSID convention gives the parties autonomy to decide the law that is applicable to them, whether national law or international law. Article 4(2) requires an ICSID tribunal, in the absence of agreement by the parties on applicable law, to apply laws that are applicable in the state party that is a party to the dispute, and rules of international law that are applicable. In AIG Capital Partners Inc. v. ...
The scope8 of the clause should be wide and cover all the possible disputes that are likely to arise from the contract. With regards to an arbitral tribunal,9 TLG should advocate for an institutional rather than ad hoc one. Most importantly, the government of Languada should expressly waive its immunity with regards to both jurisdiction and execution of the arbitral award. Enforcement proceeding against assets of state owned companies may implicate issues under state and foreign law. Moreover, they should structure the clause so as to gain access to the arbitral jurisdiction established by international investment treaties.10 In conclusion, TLG should consider including the model clause proposed by ICSID or any other international body such as ACICA.11 Word count: 475 References. Arbitration Act 1996 s 1(c)Arbitration Act 1996 s 3 Arbitration Act 1996 s 3 Arbitration Act s 15 Case law GSS Group v. National Port Authority Civil Action No. 09-1322 (PLF) (D.D.C. Mar. 2011. AIG Capital Partners Inc. v. Republic of Kazakhstan. Internet Sources Applicable Law in Investor-State Arbitration, http://www.arbitration-icca.org/media/0/12112009316810/applicable_law_in_investor-state_arbitration.doc (accessed March 19, 2012). Asit Ranjan Mishra, Mint, New Delhi. India rejects investor-state clause in FTA with EU. July 4. Sierra club of Canada. http://www.sierraclub.ca/en/main-page/india-rejects-investor-state-clause-fta-eu( Accessed 19t march 2011) Others Bishop R, Crawford J & Riesman M. cases. Foreign investment disputes: cases, materials, and commentary.(Kluwer Law International. 2005 Dugan, C. Enforcement Against Assets of State-owned Companies. (September 2009). Dugan C, Rubin, N, Wallace D, & Sabahi, B. Investor-state Arbitration. (Cambridge University ...Download file to see next pagesRead More
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