The divergence and convergence of ICSID and non-ICSID arbitration

K Law (General)

Li, Fenghua ; Tams, Christian

University:University of Glasgow

Department:School of Law

关键词: Divergence, Convergence, ICSID Arbitration, Non-ICSID Arbitration;   

Others  :  http://theses.gla.ac.uk/6292/1/2014liphd.pdf.pdf

来源: University of Glasgow

【 摘 要 】

This thesis is an inquiry into the inherent divergence and emerging convergence of ICSID and non-ICSID arbitration. Based on the argument that investor-State arbitration is an intricate interplay of diverse actors with compatible or disparate interests, this study investigates the substantial divergences between ICSID and non-ICSID arbitration by evaluating the jurisdiction of tribunals, the role of institutions, post-awards remedies and the recognition and enforcement of arbitral awards. It also examines the consequential, but discrepant, impact of the divergences on the safeguarding of State sovereignty, the protection of foreign investors’ rights, the enhancement of legitimacy of investment arbitration and the endorsement of public interests. It further puts forward fair, efficient, accountable and legitimate ways that would tentatively or constructively improve the entire dispute resolution system in the realm of international investment. In scrutinizing the interplay and interaction between ICSID and non-ICSID arbitration, the thesis argues that the symbiosis of ICSID and non-ICSID arbitration creates and maintains a relatively stable environment where a number of factors serve as engines for promoting directly or indirectly the convergence of ICSID and non-ICSID arbitration.