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5 Things To Know When Going For Investment Arbitration Agreement

The consent to Investment Arbitration is given by host States in International Investment Agreements (IIA), including Free Trade Agreements (FTA), Bilateral Investment Treaties (BIT), and multilateral agreements. Consent to investment arbitration may be contained in a domestic law of the host State, concluded directly between the host State and the foreign investor included in investment agreements.

When going for investment arbitration agreement, you need to know some of these –

  1. Difference between Institutional Arbitration and Ad Hoc Arbitration
    The investment arbitration agreement may provide for an ad hoc arbitration (the absence of an arbitration institution that administrates the proceedings). Frequently, such ad hoc arbitrations are governed by the UNCITRAL Arbitration Rules. It is said that UNCITRAL ad hoc arbitrations are less expensive than ICSID proceedings, although this is frequently not true.
    The renowned arbitration institution administrating investment arbitrations includes International Centre for Settlement of Investment Disputes (ICSID), Stockholm Chamberof Commerce (SCC), the Permanent Court for Arbitration (PCA) and the International Chamber of Commerce (ICC).
  2. International Investment Arbitration Lawyers
    The most prominent and experienced law firms specialized in investment arbitration are based in Geneva, Paris, London, New York and Washington. The technicality of international investment arbitration requires the intervention of specialized international arbitration lawyers with significant experience in this field. The physical location of lawyers versed in investment arbitration is unimportant given that very few oral hearings take place. Therefore, lawyers based in other countries or continents frequently serve as international arbitration lawyers for distant disputes.
    Many international arbitration law firms such as Aceris Law has experience in over a dozen investment arbitrations and is one such renowned boutique. They provide a variety of online tools to find international arbitrators who are the best fit for a given case and provide advice on how to select them. Type their name in the arbitration search engine, and you will find a significant amount of relevant information about any arbitrator who was nominated.
  3. Investment Arbitration Duration
    From the Request for Arbitration through the final Award, the average investment arbitration takes slightly over three years.
  4. Investment Arbitration Cost
    The parties must cover the expenses of the arbitral tribunal, the arbitration institution, the experts’ fees, as well as the legal fees of the counsels. Statically, average claimant costs were USD 4,437,000 and average respondent costs were USD 4,559,000, while average tribunal costs were USD 746,000. Some specialized arbitration law firms, called “boutiques,” provide outstanding legal services at reasonable legal fees , which can reduce this cost greatly. If a party has difficulties covering the costs of the arbitration, there is a possibility to obtain funding from third party funders.
  5. Success Rate and Average Amounts Awarded
    The average claim is for just under USD 500 million, the average award is for approximately USD 76 million, and the successful party recovers a portion of their costs in nearly half of cases. Claimants win some or all of their claims approximately 41% of the time. Respondents win approximately 59% of the time, with roughly one-quarter of claims being dismissed for lack of jurisdiction.

To learn more, feel free to visit https://www.international-arbitration-attorney.com.



This post first appeared on Three Things That Makes An International Arbitration Law Firm Reliable, please read the originial post: here

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5 Things To Know When Going For Investment Arbitration Agreement

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