List of Articles ICSID Arbitration Tribunal

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  1 - ICSID Tribunal’s jurisdictional Decision Analysis in Tokios Tokeles v. Ukraine Case Number ARB/02/18 on 29 April 2004
  Yousef Khoram Farhadi
  In this article, a sample of ICSID arbitration tribunal’s jurisdictional decisionregarding to conditions and foundations of jurisdiction and admissibility of claimshave been studied. regulatury powers of the contracting parties of the bilateralinvestment treaty in More

  In this article, a sample of ICSID arbitration tribunal’s jurisdictional decisionregarding to conditions and foundations of jurisdiction and admissibility of claimshave been studied. regulatury powers of the contracting parties of the bilateralinvestment treaty in determining legal personality of investor is taken intoconsideration in the light of ICSID convention’s purposes.Studying the terms of this decision and its analysis in this article is considered as asuitable guidance for Iranian authorities in order to join into ICSID Convention andto conclude some bilateral treaties in supporting foreign investment. Manuscript profile
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  2 - Corrupt on Foreign Investment and the Host State’s Responsibility in the ICSID Arbitral Tribunal Procedure
  Javad Salehi
  10.30495/alr.2022.1957414.2347
  Field and Aims: Corrupt on foreign investment and its results in the ICSID procedure is one of the new topics in international investment law. Investigating the different dimensions and the impact of the ICSID procedure on investor’s rights and the responsibility More

  Field and Aims: Corrupt on foreign investment and its results in the ICSID procedure is one of the new topics in international investment law. Investigating the different dimensions and the impact of the ICSID procedure on investor’s rights and the responsibility of the host state in relation to foreign investment is of importance, objectives and subject matter of this article.Method: The research method is descriptive-analytical and critical to answer a question, what is the impact of corrupted foreign investment on investor rights and the responsibility of the host state in the ICSID procedure?Finding and Conclusion: The findings show that arbitration based on the investment treaty combined with corruption is rejected at the request of the foreign investor in the ICSID. This procedure has two achievements, two on the same coin. First, the investor is deprived of legal protections and arbitration. Ignoring investor rights resulting from playing its role as the first party to corruption is self-imposed and inevitable. Second, the host state is clear of responsibility for the foreign investor by corruption defense and proving it. The situation suggests a benefit of corruption for the host state, while host state agents are also the second party to corruption. Manuscript profile
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  3 - Suspension of Criminal Prosecution of a Foreign Investor by Reliance to the International Centre for Settlement of Investment Disputes (ICSID) Arbitration Tribunal’s Provisional Measures
  Javad Salehi
  10.30495/alr.2023.1975890.2498
  Field and Aims: Reliance to Provisional Measures in the ICSID Arbitration Tribunal to suspend criminal prosecution is a new issue in international investment law. The host state will prosecute a foreign investor after to start investing disputes in the ICSID Arbitration More

  Field and Aims: Reliance to Provisional Measures in the ICSID Arbitration Tribunal to suspend criminal prosecution is a new issue in international investment law. The host state will prosecute a foreign investor after to start investing disputes in the ICSID Arbitration Tribunal to prevent from international arbitration. Therefore, the study of different dimensions of this approach is important and one of the aims and subject of this paper. Method: The research method is descriptive-analytical and critical to answer a question by relying on the ICSID Arbitration Tribunal’s procedure. Research question is what are the effect of the ICSID Arbitration Tribunal’s Provisional Measures in denying the host state’s sovereignty in prosecuting a foreign investor? Findings and Conclusion: Research findings show that the imposition of Provisional Measures, acceptance of the investment agreement, reliance of the parties on the international arbitration mechanism before disputes arising to ignore the host state’s sovereignty in prosecuting foreign investors at the same time as the international arbitration begins, so that fair arbitration will be carried out while maintaining equality of arms Manuscript profile