Analysis of Current Problems in ISDS and the Orient It Should Trace

DOI

10.2991/aebmr.k.220405.358How to use a DOI?

Keywords

controversial settlement; key problems; sovereignty of executive power; contractual benefits

Abstract

Nowadays the ICSID is criticized as a controversial settlement of international investment. In accordance with many scholar’s research, the key problems usually focus on conflicts of the host state government’s sovereignty of executive power and the exception of the multinational enterprise’s contractual benefits. ICSID’s arbitration sometimes make defective decisions that the certain party probably doesn’t accept or follow. Usually, parties which refuse these decisions which tend to argue for various reasons like no jurisdictions according to contract or the discrimination on fairness or other procedural dilemmas. However, this challenge is usually created by arbitrators’ factors and international economic factors. Generally, the lack of arbitrators’ principles and the field in which arbitrators work are of the first factors while the sunk cost and defective contract provisions cause the third factors. To remove these current elements, they are indispensable including the revision of ICSID’s goal and parties’ priorities, the extra remedy for the tribunal revisions and precedents and practical provisions improvements before, during and after the contract-making period.

Copyright

© 2022 The Authors. Published by Atlantis Press International B.V.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

TY  - CONF
AU  - Ao Sun
PY  - 2022
DA  - 2022/04/29
TI  - Analysis of Current Problems in ISDS and the Orient It Should Trace
BT  - Proceedings of the 2022 7th International Conference on Social Sciences and Economic Development (ICSSED 2022)
PB  - Atlantis Press
SP  - 2122
EP  - 2127
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.220405.358
DO  - 10.2991/aebmr.k.220405.358
ID  - Sun2022
ER  -