The Use of Alternative (Non-Judicial Means) to Enforce Investment Awards Against States

In Boisson de Chazournes, L., M. Kohen and J. E. Viñuales (eds.), Diplomatic and Judicial Means of Dispute Settlement: Assessing their Interactions (The Hague: Brill) (2012) (Forthcoming)

31 Pages Posted: 8 Aug 2012

See all articles by Jorge E. Vinuales

Jorge E. Vinuales

University of Cambridge

Dolores Bentolila

affiliation not provided to SSRN

Date Written: 2012

Abstract

As a rule States comply with investment awards. Yet, in some cases, the enforcement of such awards has proved to be difficult. This chapter focuses on the interaction between judicial and non-judicial means of enforcing investment awards. Specifically, it analyses a variety of “alternative” or “non-judicial” means that can be used either as a supplement to the judicial framework for enforcement or on a stand-alone basis, when judicial enforcement has been pursued unsuccessfully.

Keywords: enforcement of investment awards, recognition, post-award settlements, sedelmayer, CMS, Azurix, Argentina

Suggested Citation

Vinuales, Jorge E. and Bentolila, Dolores, The Use of Alternative (Non-Judicial Means) to Enforce Investment Awards Against States (2012). In Boisson de Chazournes, L., M. Kohen and J. E. Viñuales (eds.), Diplomatic and Judicial Means of Dispute Settlement: Assessing their Interactions (The Hague: Brill) (2012) (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2125051

Jorge E. Vinuales (Contact Author)

University of Cambridge ( email )

19 Silver Street
Cambridge
United Kingdom

Dolores Bentolila

affiliation not provided to SSRN ( email )

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