Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID Verdicts
In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous i...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_9477_57b1a10bd2796ee9277e657f09505c16.pdf |
| _version_ | 1827398521264799744 |
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| author | ALIREZA ebrahimgol mahdi haghighian |
| author_facet | ALIREZA ebrahimgol mahdi haghighian |
| author_sort | ALIREZA ebrahimgol |
| collection | DOAJ |
| description | In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous interpretations. Because of these problems, some states have placed some restrictions upon investors and prohibited them from submitting their claims in different courts or tribunals at the same time. Fork in the road is a specific clause requiring the investor to make a final decision and choose a specific court or tribunal, among all competent courts and tribunals, to submit its claim. Choosing any tribunal prevents other tribunals from having jurisdiction. This article aims to examine international arbitration practice regarding fork in the road clause by focusing on ICSID awards. |
| first_indexed | 2024-03-08T19:29:52Z |
| format | Article |
| id | doaj.art-d58ecd553ce9450a88b43b7b56996b73 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:52Z |
| publishDate | 2019-02-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-d58ecd553ce9450a88b43b7b56996b732023-12-26T07:48:26ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322019-02-0172593410.22054/jplr.2018.26583.16859477Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID VerdictsALIREZA ebrahimgol0mahdi haghighian1the Professor Assistant of law faculty of Tehran university( college of farabi)Ph.D student in oil and gas law- Shahid Beheshti UniversityIn many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous interpretations. Because of these problems, some states have placed some restrictions upon investors and prohibited them from submitting their claims in different courts or tribunals at the same time. Fork in the road is a specific clause requiring the investor to make a final decision and choose a specific court or tribunal, among all competent courts and tribunals, to submit its claim. Choosing any tribunal prevents other tribunals from having jurisdiction. This article aims to examine international arbitration practice regarding fork in the road clause by focusing on ICSID awards.https://jplr.atu.ac.ir/article_9477_57b1a10bd2796ee9277e657f09505c16.pdfinternational trade arbitrationfork in the roadbilateral investment treatyicsidcompetent tribunals |
| spellingShingle | ALIREZA ebrahimgol mahdi haghighian Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID Verdicts Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī international trade arbitration fork in the road bilateral investment treaty icsid competent tribunals |
| title | Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID
Verdicts |
| title_full | Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID
Verdicts |
| title_fullStr | Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID
Verdicts |
| title_full_unstemmed | Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID
Verdicts |
| title_short | Fork in the Road Clause in International Trade Arbitration Practice by focusing on ICSID
Verdicts |
| title_sort | fork in the road clause in international trade arbitration practice by focusing on icsid verdicts |
| topic | international trade arbitration fork in the road bilateral investment treaty icsid competent tribunals |
| url | https://jplr.atu.ac.ir/article_9477_57b1a10bd2796ee9277e657f09505c16.pdf |
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