Domestic courts generally have the ability to hold a litigant in contempt and fine or even imprison the litigant to encourage cooperation with a court order and ensure the orderly administration of justice. Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) arbitration, however, is self-contained and denationalized, operating out…

HOERUDIN. NIM: 1101135008. Perbandingan Penggunaan Model Pembelajaran Problem Posing dengan Creative Problem Solving Terhadap Hasil Belajar Fisika Siswa. Skripsi. Jakarta : FKIP Universitas Muhammadiyah Prof. Dr. HAMKA, 2015. Penelitian ini bertujuan untuk mengetahui secara empiris terdapat atau tidak perbandingan dari dua model pembelajaran yaitu model pembelajaran problem posing dengan model…

The purpose of provisional measures in the context of arbitration pursuant to the Convention on the Settlement of Investment Disputes between States and National of Other States (ICSID Convention) is to preserve the theoretically existing rights of the requesting party in circumstances of urgency and necessity pending the final determination of the dispute. Under the ICSID Rules of Procedure fo…

Reported decisions in sixteen known investment arbitration cases to date2 have addressed one or several aspects or consequences of third-party funding. These decisions have all been rendered since 2009. Recent decisions on third-party funding in investment arbitration therefore comprise all such known decisions, which is not surprising given that third-party funding has only recently emerged in…

In a recent case before the International Centre for Settlement of Investment Disputes (ICSID), the Tribunal posited that the correct method to determine the appropriate compensation for reparation is to estimate the change in the fair market value (FMV) of the assets under consideration as a result of the actions of the government. It then established that the best methodology to determine the…

International human rights law conceives of political participation as a right, particularly where it takes the form of elections giving voice and effect to popular will. In contrast, as this article shows by reference to specific arbitral awards, international investment law conceives of political participation as a risk�a political risk�not least where it takes the form of election…

In the authors� view, the present focus in investment treaty arbitration on pecuniary remedies to the virtually complete exclusion of non-pecuniary remedies is somewhat surprising given a tribunal�s power to award the latter and in light of the expectations of the drafters of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID C…

In the aftermath of the sovereign debt restructuring (SDR) that was implemented by Argentina, aggrieved bondholders who did not accept the conditions of the debt exchange took different legal avenues to recover the amounts invested. Whereas some of them initiated actions before national courts, other investors decided to lodge their complaints with the International Centre for Settlement of Inv…

The blurry contours of the notion of investment make the assessment of investment arbitral tribunals� jurisdiction ratione materiae extremely problematic, particularly in cases concerning sovereign bonds. Arbitral tribunals have addressed on several occasions the question of whether government bonds fall within the definition of investment under the ICSID Convention and the bilateral inves…

A consent award was issued in the case of St Mary�s VCNA, LLC v government of Canada�a North American Free Trade Agreement (NAFTA) arbitration established under the United Nations commission on International Trade Law (UNCITRAL) Arbitration Rules (1976). The brief award, rendered by a Tribunal composed of Richard Stewart, Brigitte Stern and Michael Pryles (presiding), recounted the…