Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals
Provisions on so-called waiting periods in international investment protection treaties give an investor from one contracting state an opportunity to initiate arbitration against the host state provided that the time designated by the treaty from the date on which the dispute arose has elapsed. The...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2012-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202355D.pdf |
| _version_ | 1818493865019047936 |
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| author | Đundić Petar |
| author_facet | Đundić Petar |
| author_sort | Đundić Petar |
| collection | DOAJ |
| description | Provisions on so-called waiting periods in international investment protection treaties give an investor from one contracting state an opportunity to initiate arbitration against the host state provided that the time designated by the treaty from the date on which the dispute arose has elapsed. The aim of those provisions is to enable parties to the dispute to use this time for consultations and attempt to reach a negotiated settlement. The paper analyzes the attitude of contemporary arbitral practice towards the legal nature and effect of those provisions on tribunals' jurisdiction in investment disputes. The analysis shows gradual and clear shift of position taken by the tribunals in cases in which claimants did not comply with waiting periods. Because arbitral tribunals today are more resolved to penalize premature submission of the dispute to arbitration than they were one decade ago, in the future one can expect much more cautious conduct of potential claimants in this regard. |
| first_indexed | 2024-12-10T17:59:28Z |
| format | Article |
| id | doaj.art-999fc87872f246ffac5c890942cc6785 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-10T17:59:28Z |
| publishDate | 2012-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-999fc87872f246ffac5c890942cc67852022-12-22T01:38:49ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552012-01-0146235537410.5937/zrpfns46-25680550-21791202355DProvisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunalsĐundić Petar0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaProvisions on so-called waiting periods in international investment protection treaties give an investor from one contracting state an opportunity to initiate arbitration against the host state provided that the time designated by the treaty from the date on which the dispute arose has elapsed. The aim of those provisions is to enable parties to the dispute to use this time for consultations and attempt to reach a negotiated settlement. The paper analyzes the attitude of contemporary arbitral practice towards the legal nature and effect of those provisions on tribunals' jurisdiction in investment disputes. The analysis shows gradual and clear shift of position taken by the tribunals in cases in which claimants did not comply with waiting periods. Because arbitral tribunals today are more resolved to penalize premature submission of the dispute to arbitration than they were one decade ago, in the future one can expect much more cautious conduct of potential claimants in this regard.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202355D.pdfinvestment protection treatiesarbitrationjurisdictioninvestment disputeswaiting period |
| spellingShingle | Đundić Petar Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals Zbornik Radova: Pravni Fakultet u Novom Sadu investment protection treaties arbitration jurisdiction investment disputes waiting period |
| title | Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals |
| title_full | Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals |
| title_fullStr | Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals |
| title_full_unstemmed | Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals |
| title_short | Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals |
| title_sort | provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals |
| topic | investment protection treaties arbitration jurisdiction investment disputes waiting period |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202355D.pdf |
| work_keys_str_mv | AT đundicpetar provisionsonwaitingperiodsininternationalinvestmentprotectiontreatiesandtheirimpactonthejurisdictionofarbitraltribunals |