The divergence and convergence of ICSID and non-ICSID arbitration

Li, Fenghua (2015) The divergence and convergence of ICSID and non-ICSID arbitration. PhD thesis, University of Glasgow.

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Abstract

This thesis is an inquiry into the inherent divergence and emerging convergence of ICSID and non-ICSID arbitration. Based on the argument that investor-State arbitration is an intricate interplay of diverse actors with compatible or disparate interests, this study investigates the substantial divergences between ICSID and non-ICSID arbitration by evaluating the jurisdiction of tribunals, the role of institutions, post-awards remedies and the recognition and enforcement of arbitral awards. It also examines the consequential, but discrepant, impact of the divergences on the safeguarding of State sovereignty, the protection of foreign investors’ rights, the enhancement of legitimacy of investment arbitration and the endorsement of public interests. It further puts forward fair, efficient, accountable and legitimate ways that would tentatively or constructively improve the entire dispute resolution system in the realm of international investment. In scrutinizing the interplay and interaction between ICSID and non-ICSID arbitration, the thesis argues that the symbiosis of ICSID and non-ICSID arbitration creates and maintains a relatively stable environment where a number of factors serve as engines for promoting directly or indirectly the convergence of ICSID and non-ICSID arbitration.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Keywords: Divergence, Convergence, ICSID Arbitration, Non-ICSID Arbitration
Subjects: K Law > K Law (General)
Colleges/Schools: College of Social Sciences > School of Law
Funder's Name: UNSPECIFIED
Supervisor's Name: Tams, Professor Christian and Rasulov, Dr. Akbar
Date of Award: 2015
Depositing User: Mr Fenghua Li
Unique ID: glathesis:2015-6292
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 29 Apr 2015 15:13
Last Modified: 04 May 2015 14:50
URI: http://theses.gla.ac.uk/id/eprint/6292

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