Naslov
Washington Convention on Settlement of Investment Disputes between States and Nationals of Other States

Autori
Sajko, Krešimir

Izvornik
Croatian arbitration yearbook (1330-6219) 6 (1999); 129-140

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

Ključne riječi
arbitration; investments; private international law; ICSID

Sažetak
The paper interprets and analyses the 1965 Washington Convention, which entered into force in Croatia on October 22, 1998. As distinguished from to the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards and 1961 European Convention on International Commercial Arbitration, the Washington Convention regulates a different legal system separated from national laws for settlement of investment disputes between states or state agencies and, on the other side, nationals of other contracting states by mediation or by arbitration. The convention applies if three requirements are fulfilled. Those requirements relate to consent of the parties, characteristics of the parties and the type of dispute. Consent to arbitral settlement of a dispute excludes all other ways of resolution of disputes, unless regulated otherwise. The author refers to arbitral jurisprudence, which finds such consent of a contracting party, in which the investment was performed, in the respective provisions of its investment laws or bilateral conventions on protection of investments in force in such state. The author's references to arbitral jurisprudence, arbitration proceedings, law applicable, setting aside of arbitral awards and court practice in recognition and enforcement of arbitral awards, may serve as a guideline for the application of the Convention in Croatia.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA