Concept of Investment in ICSID Arbitration
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Menrva's Summary
THE THESIS
This work investigates the legal definition and conceptual boundaries of an 'investment' within the framework of the International Centre for Settlement of Investment Disputes (ICSID) arbitration. Markus Petsche, an expert in international dispute resolution, examines the jurisdictional requirements under Article 25 of the ICSID Convention. The text analyzes how tribunals interpret the term 'investment' to determine their own competence, balancing state sovereignty with investor protections.
THE SCOPE MAP
What You Will Find
- Analysis of the Salini test and its evolution in international jurisprudence
- Examination of the jurisdictional requirements under Article 25 of the ICSID Convention
- Review of tribunal decisions regarding the definition of protected assets
Scope Limits
- Does not provide a comprehensive guide to all procedural aspects of ICSID arbitration
- Focuses primarily on the jurisdictional definition of investment rather than substantive treaty breaches
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners frequently cite this work as a rigorous analysis of the jurisdictional hurdles inherent in ICSID proceedings. Experts highlight the text as a foundational resource for understanding the complex criteria tribunals apply when determining the existence of a protected investment.
Page Count:
0
Publication Date:
2024-01-01
Publisher:
New York : Oxford University Press,
ISBN-10:
0191988340
ISBN-13:
9780191988349
Laws of Specific jurisdictions
Law And Legislation
International Investment
Law
International Trade
Investment Law
ICSID
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