CEU Electronic Theses and Dissertations, 2016
| Author | Ma, Yue |
|---|---|
| Title | The ICSID Review and Enforcement Mechanisms and the Backlash against the Investor-State Arbitration |
| Summary | The ICSID arbitration is created for the resolution of investment disputes between private investors and states through investor-state arbitration. While most non-ICSID arbitral awards are subject to national court review in the setting aside proceedings and the enforcement proceedings, the ICSID Convention provides a self-contained review mechanism and requires any member states to enforce an ICSID award as if it were a final court judgment of its own court. Thus, the review and enforcement mechanisms represent the most distinctive feature of the ICSID arbitration. However, recently a wave of backlash against the investor-state arbitration is rising, which brings up more and more challenges to the ICSID arbitration, inter alia its review and enforcement mechanisms. The central task of this thesis is to investigate the specific challenges faced by the ICSID review and enforcement mechanisms and discuss some possible suggestions to achieve a more balanced and effective post-award stage of the ICSID arbitration. |
| Supervisor | Varady Tibor |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2016/ma_yue.pdf |
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