An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention
The ICSID Convention in the settlement of investment disputes for several reasons does not provide a definition of investment contracts, which has caused the judicial procedure in many international investment arbitration cases to try to explain the limitations related to the confirmation of investm...
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Ferdowsi University of Mashhad
2025-02-01
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| Series: | دانشنامه حقوق اقتصادی |
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| Online Access: | https://lawecon.um.ac.ir/article_46528_e70710e79daed6001386c0e9f1eed3bf.pdf |
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| author | Mohammad Javad Abdollahi Mohammad Karimi |
| author_facet | Mohammad Javad Abdollahi Mohammad Karimi |
| author_sort | Mohammad Javad Abdollahi |
| collection | DOAJ |
| description | The ICSID Convention in the settlement of investment disputes for several reasons does not provide a definition of investment contracts, which has caused the judicial procedure in many international investment arbitration cases to try to explain the limitations related to the confirmation of investment contracts. In this direction, the criterion "assistance to the economic development of the host government" has been considered as the most controversial criterion among arbitral tribunals. Why this criterion could not be uniformly applied in international arbitration courts and how to prevent its removal in the arbitration procedure is the subject of the analysis presented in this research. The material presented in this research, which was conducted with the method of reading books and survey tools, shows that in facing the With numerous problems related to this standard, it is necessary to pay attention to new investment methods and adopt a flexible approach to fulfill the requirements. |
| format | Article |
| id | doaj-art-bdb3b07eef174343a39f515f9dcf5d8b |
| institution | Kabale University |
| issn | 2322-4177 2717-333X |
| language | fas |
| publishDate | 2025-02-01 |
| publisher | Ferdowsi University of Mashhad |
| record_format | Article |
| series | دانشنامه حقوق اقتصادی |
| spelling | doaj-art-bdb3b07eef174343a39f515f9dcf5d8b2025-08-20T03:51:08ZfasFerdowsi University of Mashhadدانشنامه حقوق اقتصادی2322-41772717-333X2025-02-01312614616110.22067/economlaw.2025.91568.141746528An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration ConventionMohammad Javad Abdollahi0Mohammad Karimi1Department of Law, Faculty of Law and Economics, Khomeinishahr Branch, Islamic Azad University, Isfahan. IranDepartment of Law, Najafabad Branch, Islamic Azad University, Isfahan, IranThe ICSID Convention in the settlement of investment disputes for several reasons does not provide a definition of investment contracts, which has caused the judicial procedure in many international investment arbitration cases to try to explain the limitations related to the confirmation of investment contracts. In this direction, the criterion "assistance to the economic development of the host government" has been considered as the most controversial criterion among arbitral tribunals. Why this criterion could not be uniformly applied in international arbitration courts and how to prevent its removal in the arbitration procedure is the subject of the analysis presented in this research. The material presented in this research, which was conducted with the method of reading books and survey tools, shows that in facing the With numerous problems related to this standard, it is necessary to pay attention to new investment methods and adopt a flexible approach to fulfill the requirements.https://lawecon.um.ac.ir/article_46528_e70710e79daed6001386c0e9f1eed3bf.pdfa measure of economic developmentinternational investment arbitrationicsidhost stateinvestor |
| spellingShingle | Mohammad Javad Abdollahi Mohammad Karimi An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention دانشنامه حقوق اقتصادی a measure of economic development international investment arbitration icsid host state investor |
| title | An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention |
| title_full | An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention |
| title_fullStr | An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention |
| title_full_unstemmed | An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention |
| title_short | An analysis on the criterion "Assistance to the economic development of the host state" for realizing the concept of investment contracts under the ICSID Arbitration Convention |
| title_sort | analysis on the criterion assistance to the economic development of the host state for realizing the concept of investment contracts under the icsid arbitration convention |
| topic | a measure of economic development international investment arbitration icsid host state investor |
| url | https://lawecon.um.ac.ir/article_46528_e70710e79daed6001386c0e9f1eed3bf.pdf |
| work_keys_str_mv | AT mohammadjavadabdollahi ananalysisonthecriterionassistancetotheeconomicdevelopmentofthehoststateforrealizingtheconceptofinvestmentcontractsundertheicsidarbitrationconvention AT mohammadkarimi ananalysisonthecriterionassistancetotheeconomicdevelopmentofthehoststateforrealizingtheconceptofinvestmentcontractsundertheicsidarbitrationconvention AT mohammadjavadabdollahi analysisonthecriterionassistancetotheeconomicdevelopmentofthehoststateforrealizingtheconceptofinvestmentcontractsundertheicsidarbitrationconvention AT mohammadkarimi analysisonthecriterionassistancetotheeconomicdevelopmentofthehoststateforrealizingtheconceptofinvestmentcontractsundertheicsidarbitrationconvention |