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With specific regard to the New York Convention, at least one court discussed, but ultimately avoided, the issue of whether the treaty is self-executing. The court nonetheless held that the convention was, at the least, an implemented non-self-executing treaty that still had legal force as a treaty (as distinguished from an Act of Congress). [ 7 ]
Other individuals cannot initiate a claim against a state under an investment treaty. Also, no individual or state can initiate a claim against a foreign investor under an investment treaty. This has led to criticisms that investor-state arbitration is not balanced and that it favours the "haves" over the "have nots" by giving foreign investors ...
Arbitration agreements and arbitral awards are enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"). [2] The International Centre for the Settlement of Investment Disputes (ICSID) also handles arbitration, but it is limited to investor-state dispute ...
Working Group III: Reform of investor-state dispute settlement (ISDS) was constituted in 2017 and has been meeting since then twice or three times a year in Vienna and New York. [5] The working group is of particular significance to states with international investment agreements and its work consists in helping states negotiate the reform of ISDS.
In July 2009, the AAA stopped accepting consumer debt collection cases, after the National Arbitration Forum was forced to do so after questions arose about the fairness of its process. [3] In April 2013, the New York State Department of Financial Services hired the AAA to host mediation sessions between insurance companies and Hurricane Sandy ...
His work experience contributes to elaborate legal theory and research on international arbitration law, especially on the subjects related to Investment Law and Arbitration , Energy Charter Treaty (ECT) and Anti-Suits Injunctions. Many of his books and articles are cited as references on these topics (listed below).
As of 27 July 2012, 246 of 390 registered arbitration cases were concluded, as of 30 June 2012, ICSID tribunals had resolved nearly two thirds (62%) of disputes while the remainder (38%) were settled or discontinued. [14]: 13 As of 14 May 2016, 362 of 574 (62%) registered arbitration cases were concluded. [15]
The New York Convention is not actually the only treaty dealing with cross-border enforcement of arbitration awards. The earlier Geneva Convention on the Execution of Foreign Arbitral Awards 1927 [1] remains in force, but the success of the New York Convention means that the Geneva Convention is rarely utilised in practise.