فهرست مطالب eeta khosro khakpour

The cornerstone of international investment law is to ensure the foreign investor's rights through international law standards including fair and equitable treatment. If the host state violates the standards, the foreign investor will not be obliged to raise a claim before local courts prior to international settlement of dispute. In contrast, in denial of justice, the investor must exhaust local remedies before seeking international redress. So in this respect, The Loewen case as an important arbitral practice on the relationship of denial of justice and exhaustion of local remedies will be analyzed in this article. The approach of Investment treaties will also be evaluated. This article concluded that arbitral tribunal in Loewen has made mistake by distinction between local remedies and finality rule. In order to resolve this ambiguty and confusion in investment arbitration in the field of denial of justice, one should wait for the treaty procedure of the states in bilateral or multilateral treaties for mutual encouraging and supporting of investment

Consent and party autonomy, along with the neutrality of arbitral tribunal, are the most featured distinction of arbitration vis a vis other dispute resolution methods. These fundamental features, however, might be affected by the application of unilateral economic sanctions of regional organizations (i.e. European Union) which is indeed for protecting their foreign security policy frameworks and fundamental interests. In one hand, the arbitral tribunals have to respect the parties’ choices, namely the applicable law (which might be against the sanctions), and in the other hand, the courts are obliged to recognized the European Union sanctions as public policy and overriding mandatory provisions and accordingly, set aside or annul the arbitral awards contrary to these provisions. Therefore, the main aim of this research project is to study of the effect of European Union economic sanctions on commercial arbitration disputes, as well as the approach of pertinent courts. The key result is that arbitral tribunals in confrontation with such sanctions as jus cogens, rely on their authorities particularly in term of applicable law, recognition and enforcement of the arbitration award.