Naslov
The Settlement of Disputes by Bilateral Investment Treaty: the Croatian Experience

Autori
Sajko, Krešimir

Izvornik
Uniform law review revue de droit uniforme (1124-3694) 3 (1998), 2/3; 657-669

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, ostalo

Ključne riječi
Bilateral investment treaties; Croatia and the 1965 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States; arbitration; international dispute settlement; foreign investments

Sažetak
The bilateral investment treaties ("BITs") concluded by Croatia promote the stability and predictability of the foreign investment regime in general and of its approach to the settlement of investment disputes between investors and the host State. The BIT rules on alternative jurisdictions for dispute settlement anticipate Croatia's imminent status as a Contracting State of the ICSID Convention. As soon as it joins, the resolution of any moot points that might arise during arbitration proceedings before the ICSID would rely heavily on the assistance and guidance of ICSID case law and legal writings. This paper's treatment of matters concerning alternative jurisdiction, and especially consent of parties to dispute settlement, takes that case law into account. But as "la doctrine propose et la jurisprudence dispose", we must bide our time until Croatia's BITs are implemented in practice and case law unfolds.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA