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Research on the Key Issues in International Investment Disputes Shown in the Cases Arbitrated by ICSID Recent Five Years

  • DONG-A LAW REVIEW
  • 2009, (43), pp.477-508
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kim, Yong Eui 1

1동아대학교

Candidate

ABSTRACT

Along with the increasing amount of foreign investment made global-wide, the disputes therefrom are also increasing. In 2007only, at least 35 new investor-State cases were filed under international investment agreements, 27 of which were filed with the International Centre for Settlement of Investment Disputes (ICSID). This treatise concentrates on the concept of “investment”" for purposes of establishing jurisdiction under Article 25 of the ICSID Convention. In other words it specially studies the 'concept of investment' as one of the essential factors to be considered in deciding the jurisdictional issues. In addition to that study, this treatise also dealt with a special case where the jurisdictional rules and substantive rules were applied simultaneously to the jurisdiction issue in the same case. This study shows different approaches ICSID tribunals have had taken in the cases they decided so far and tried to find a general or consistent principle in deciding the concept of investment in terms of ICSID convention. This study is intended to give a practical guide to the investors and the legal practitioners representing them in structuring their investment projects and setting up contractual provisions in the investment agreements between the investors and the foreign countries who are the parties to the agreements.

Citation status

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