The Applicable Law to the Subject Matter of the Dispute in International Investment Law According to the ICSID Convention and Georgian Law
Keywords:
Applicable Law, Investment Dispute, Private International Law, Conflict of LawsAbstract
International investment law is of particular importance for each country’s economic development and Georgia is not an exception in this issue. While discussing international investment law investment dispute settlement should ultimately be considered. The present article deals with the issue of applicable law to the subject matter of the dispute in international investment disputes. The whole article is dedicated to the practical aspects of the determining applicable law. More precisely, Georgian regulations and respective provisions of certain international regulations will be covered. The research is done using a comparative, systemic, logical and analytical method. The use of each method in different parts of the article ensures demonstration of rules existing towards determination of applicable substantive law, which is the purpose of the present article.
Downloads
References
Agreement between Romania and the Government of the Republic of Georgia concerning concerning the Encouragement and Reciprocal Protection of Investment.
Agreement Between the Government of the People's Republic of China and the Government of the Republic of Albania concerning the Encouragement and Reciprocal Protection of Investment.
Agreement Between the Government of the People’s Republic of China and the Government of the Republic of Georgia concerning the Encouragement and Reciprocal Protection of Investment.
Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part.
Begic, T., (2005), Applicable Law in International Investment Disputes, Eleven International Publishing, Utrecht, the Netherlands.
Bjorklund, A. K., (2014), Yearbook on International Investment Law and Policy 2012-2013, Oxford University Press, USA.
Born, G. B., (2014), International Commercial Arbitration, 2nd edn, vol. 2, Kluwer Law International, the Netherlands.
Bungenberg, M., (2015), Towards a More Balanced International Investment Law 2.0?, 15-39, in European Yearbook of International Economic Law, Special Issue: Trade Policy.
Between Law, Diplomacy and scholarship, edited by Cristoph Hermann, Bruno Simma, Rudolf Streinz, Springer International Publishing, Switzerland.
Burgstaller, M., (2011), The Future of Bilateral Investment Treaties of EU Member States, 55-79, in European Yearbook of International Economic Law, edited by Marc Bungenberg, Jorn Griebel, Steffen Hindelang, Special Issue: International Investment Law and EU Law, Berlin Heidelberg.
Diehl, A., (2012), The Core Standard of International Investment Protection, Fair and Equitable Treatment, Kluwer Law International, Alphen aan den Rijn.
Dolzer, R., Schreuer, C., (2012), Principles of International Investment Law, Oxford University Press, Oxford, United Kingdom.
Dugan, C. F., Wallace, D., Rubins, N., Sabahi, B., (2008), Investor-State Arbitration, Oxford University Press, New York.
Economy Forms Corporation v. Government of the Islamic republic of Iran; Award No. 55-165-1 (13 June 1983).
Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic, ICSID, Case No.ARB/01/3, Decision 22 May 2007.
Gaillard, E., (2004), The Extent of Review of the Applicable Law in Investment Treaty Arbitration, 223-243, in Annulment of ICSID Awards, Juris Publishing Inc., New York.
Gallagher, N., Shan, W., (2009), Chinese Investment Treaties, Polices and Practice, Oxford University Press, New York.
Hsu, L., (2015), EU-Asean Trade and Investment Realtions with a Special Focus on Singapore, 233-251, in European Yearbook of International Economic Law, edited by Christoph Hermann, Jorg Philipp Terhechte, Markus Krajewski, Springer-Verlag, Berlin, Heidelberg.
ICSID Case Nos. ARB/05/18 and ARB 07/15, Ioannis Kardassopoulos and Ron Fuchs v. Georgia, 3 March, 2010.
ICSID, Case ARB/98/4, Decision 8 December 2002.
ICSID, Case ARB/98/4, Decision 8 December 2002.
ICSID, Case Nos. ARB/05/18 and ARB 07/15 Ioannis Kardassopoulos and Ron Fuchs v. Georgia.
Kjos, H. E., (2013), Applicable Law in Investor-State Arbitration, The Interplay Between National and International Law, Oxford University Press in the UK, Great Britain.
Lavranos, N., (2013), Designing an International Investor-to-State Arbitration System After Opinion 1/09, 199-221, in European Yearbook of International Economic Law, edited by Marc Bungenberg, Cristoph Herrmann, Special Issue: Common Commercial Policy after Lisbon, Springer-Verlag, Berlin, Heidelberg.
Law of Georgian Parliament, 29-30/5, 11/12/1996.
Mariani, P., (2014), The Future of BITs between EU Member States: are intra – EU BITs Compatible with the Internal Market? 265-287, in General Interests of Host States in International Investment Law, edited by Giorgio Sacerdoti, Pia Acconci, Mara Valenti, Anna De Luca, Cambridge.
Rayfuse, R., (ed.), (1993), ICSID Reports: Volume 1: Reports of Cases Decided Under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965, Cambridge University Press, the United Kingdom.
Rovetta, D., (2013), Investment Arbitration in the EU after Lisbon Selected Procedural and Jurisdictional Issues, 221-235, in European Yearbook of International Economic Law, edited by Marc Bungenberg, Cristoph Herrmann, Special Issue: Common Commercial Policy after Lisbon, Berlin Heidelberg.
Schreuer, C. H., (2009), The ICSID Convention: A Commentary, Second edition, The Press Syndicate of the University of Cambridge, United Kingdom.
Tsertsvadze, G., (2013), Introduction in International Investment Law, Meridiani, Tbilisi.
Yannaca-Small, K., (ed.), (2010), Arbitration under International Investment Agreements, a Guide to the Key Issues, Oxford University Press, New-York.
Weiler, T., (ed.), (2005), International Investment Law and Arbitration: Leading Cases from The ICSID, NAFTA, Bilateral Treaties and Customary International Law, Cameron May Ltd, Great Britain.