Class notes-International courts IV: Investor-State Arbitration

10/4/16

International courts IV: Investor-State Arbitration

 

  • Questions pending from last class:
    • What remedies are available to the tribunal when a party to the arbitration refuses to participate?
    • What enforcement mechanisms are available to the Philippines in the present case?
  • The Chevron v. Ecuador investment arbitration dispute
    • Background of the Chevron-Ecuador saga
    • Investor-state arbitration
      • Is there a difference between investor-state arbitration, state-to-state arbitration, and the other international dispute resolution mechanisms that we’ve discussed thus far?
      • What is the basis for jurisdiction in the Chevron v Ecuador investment dispute?
      • What is the difference between the interim measures sought and obtained in the context of the international dispute resolution mechanisms that we’ve discuss thus far, and the interim measures in the Chevron-Ecuador arbitration?
      • What is the nature of the interim measures requested by Chevron in this case?
    • What enforcement mechanisms are available to the tribunal in the Chevron-Ecuador dispute? What obstacles, if any, could arise when attempting to enforce an award for interim measures?
      • UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards -The New York Convention (1958)
      • Draft articles on State Responsibility for Internationally Wrongful Acts (2001)