The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration
The paper discusses the status quo regarding efficiency in investment arbitration and suggests how predictability of the arbitral outcome can improve both efficiency in and of investment arbitration. First, the paper will address the cost and duration of investment arbitration. Second, it will look...
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| Format: | Article |
| Language: | English |
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Union University, Faculty of Law, Belgrade
2024-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402524N.pdf |
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| _version_ | 1832096568958779392 |
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| author | Rajković Nataša |
| author_facet | Rajković Nataša |
| author_sort | Rajković Nataša |
| collection | DOAJ |
| description | The paper discusses the status quo regarding efficiency in investment arbitration and suggests how predictability of the arbitral outcome can improve both efficiency in and of investment arbitration. First, the paper will address the cost and duration of investment arbitration. Second, it will look at the provisions of the 2022 ICSID Arbitration and Mediation Rules, as well as UNCITRAL Working Group III Draft Provisions, aimed at increasing efficiency in investment arbitration. Third, it will present efficiency in and of investment arbitration, on the one hand, and predictability, on the other, as intertwined issues. Fourth, it will use the intra-EU jurisdictional objections ratione personae and voluntatis as examples of how the unpredictability of arbitral outcomes reduces the efficiency in and of investment arbitration. Fifth, it will present some of the solutions that could improve efficiency in and of investment arbitration. |
| format | Article |
| id | doaj-art-1fc802f2575842cbbf9aba853e7ef86e |
| institution | Kabale University |
| issn | 2217-2815 2406-1387 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj-art-1fc802f2575842cbbf9aba853e7ef86e2025-02-05T13:18:11ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872024-01-0115252455610.5937/pravzap15-533132217-28152402524NThe gem hidden behind Predictability: Discussing efficiency in and of Investment arbitrationRajković Nataša0https://orcid.org/0000-0002-0450-2038Universitat Pompeu, Fabra Faculty of Law, Barcelona, SpainThe paper discusses the status quo regarding efficiency in investment arbitration and suggests how predictability of the arbitral outcome can improve both efficiency in and of investment arbitration. First, the paper will address the cost and duration of investment arbitration. Second, it will look at the provisions of the 2022 ICSID Arbitration and Mediation Rules, as well as UNCITRAL Working Group III Draft Provisions, aimed at increasing efficiency in investment arbitration. Third, it will present efficiency in and of investment arbitration, on the one hand, and predictability, on the other, as intertwined issues. Fourth, it will use the intra-EU jurisdictional objections ratione personae and voluntatis as examples of how the unpredictability of arbitral outcomes reduces the efficiency in and of investment arbitration. Fifth, it will present some of the solutions that could improve efficiency in and of investment arbitration.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402524N.pdfinvestment arbitrationefficiencypredictabilityintra-eu jurisdictional objectionsspanish saga casesicsiduncitralprecedent |
| spellingShingle | Rajković Nataša The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration Pravni Zapisi investment arbitration efficiency predictability intra-eu jurisdictional objections spanish saga cases icsid uncitral precedent |
| title | The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration |
| title_full | The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration |
| title_fullStr | The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration |
| title_full_unstemmed | The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration |
| title_short | The gem hidden behind Predictability: Discussing efficiency in and of Investment arbitration |
| title_sort | gem hidden behind predictability discussing efficiency in and of investment arbitration |
| topic | investment arbitration efficiency predictability intra-eu jurisdictional objections spanish saga cases icsid uncitral precedent |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402524N.pdf |
| work_keys_str_mv | AT rajkovicnatasa thegemhiddenbehindpredictabilitydiscussingefficiencyinandofinvestmentarbitration AT rajkovicnatasa gemhiddenbehindpredictabilitydiscussingefficiencyinandofinvestmentarbitration |