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Part III Dispute Resolution and Political Risk, Ch.7 Establishing Arbitral Jurisdiction

From: International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide

N. Stephan Kinsella, Noah D. Rubins

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved. date: 20 May 2022

Arbitration — Exhaustion of local remedies — Waiting period — UNCITRAL Arbitration Rules — Investor — Nationality of investor

Chapter 7 concerns the jurisdictional requirements for invoking investment treaty protections—who has standing to maintain a claim, what assets qualify as protected ‘investments,’ and the effect of related contractual forum selection clauses. Issued covered include the validity and effect of an arbitration clause, how to bind a sovereign, special concerns of International Centre for the Settlement of Investment Disputes (ICSID) arbitration clauses, exhaustion of local remedies, treaty provisions (e.g., the Washington Convention) pertaining to who may initiate arbitration under investment protection instruments, how “investment” is defined in treaties and investment laws. Also discussed are various “problem areas” such as pre-investment expenditures, contingent rights, contract rights, and indirect equity investments.

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