Arbitration Law Assignment Example | Topics and Well Written Essays - 2000 words

arbitration Law - Assignment ExampleFirst the seat of the arbitration3 should be in England or any different country signatory to Convention on the Settlement of Investment Disputes between States and Nationals of Other States, or boatman Conventions to ensure enforcement of arbitrational awards.4 The seat should, as far as possible, be outside jurisdictionsknown for discriminatory interference. For example, the Argentine Supreme Court, in June 2004 Cartellone decision,5 held that waivers were invalid when issues of public policy are at stake.6 Secondly, the article should involve a commitment by the company to resolve disputes through arbitration such that rights and duties of each company cannot be determined by a unilateral action of the host state. With regards to the law of natures applicable, article 4(2) of ICSID convention gives the parties impropriety to decide the law that is applicable to them, whether national law or international law. Article 4(2) requires an ICS ID tribunal, in the absence seizure of agreement by the parties on applicable law, to apply laws that are applicable in the state society that is a party to the dispute, and rules of international law that are applicable. In AIG Capital Partners Inc. v. ... The scope8 of the clause should be round-eyed and cover all the possible disputes that are likely to arise from the contract. With regards to an arbitral tribunal,9 TLG should advocate for an institutional sort of than ad hoc one. Most importantly, the government of Languada should expressly waive its immunity with regards to both jurisdiction and execution of the arbitral award. Enforcement proceeding against assets of state owned companies may implicate issues under state and foreign law. Moreover, they should structure the clause so as to gain access to the arbitral jurisdiction established by international enthronement treaties.10 In conclusion, TLG should consider including the model clause proposed by ICSID or any other international be such as ACICA.11 Word count 475 References. Arbitration Act 1996 s 1(c)Arbitration Act 1996 s 3 Arbitration Act 1996 s 3 Arbitration Act s 15 Case law GSS Group v. National Port Authority Civil Action No. 09-1322 (PLF) (D.D.C. Mar. 2011. AIG Capital Partners Inc. v. Republic of Kazakhstan. net Sources Applicable Law in Investor-State Arbitration, http//www.arbitration-icca.org/media/0/12112009316810/applicable_law_in_investor-state_arbitration.doc (accessed March 19, 2012). Asit Ranjan Mishra, Mint, New Delhi. India rejects investor-state clause in FTA with EU. July 4. Sierra unify of Canada. http//www.sierraclub.ca/en/main-page/india-rejects-investor-state-clause-fta-eu( Accessed 19t march 2011) Others Bishop R, Crawford J & Riesman M. cases. Foreign investment disputes cases, materials, and commentary.(Kluwer Law International. 2005 Dugan, C. Enforcement Against Assets of State-owned Companies. (September 2009). Dugan C, Rubin, N, Wallace D, & Sabahi, B. Inves tor-state Arbitration. (Cambridge University