Abstract:
Arbitration is a mechanism to create a balance between the conflicting desires of individuals, and to achieve this goal, arbitrators should only pay attention to the common interests and desires of the parties so that the dispute is resolved based on that. On the other hand, the rules mentioned in the Washington Convention on Arbitration, which states the procedure for dealing with disputes regarding international investment by ICSID between a contracting state and an investment person who has the citizenship of another state, are used to deal with the proposed lawsuit. It is free of any substantive rules. However, a rule is included in Article (1) 42 of the mentioned agreement which states that substantive rules that are enforceable in a lawsuit are examined and identified by the court and based on that It deals with the content. In fact, the mentioned article is an example of the rules for resolving the conflict of laws, which can be found in various laws such as the national law, according to which the court resolves the conflict of laws.
Machine summary:
The Governance of Washington Convention Regulations and/or National Law in the Settlement of Investment Disputes in ICSID in Case of Disagreement Between the Parties Abolghasem Ghorbani1 / Mehdi Sajadikia2 / Mostafa Shahbazi3 3 * Article Type: Research / Date Received: 2023/07/19 / Date Accepted: 2023/08/22 Abstract Arbitration is a mechanism to create a balance between the conflicting demands of persons, and to achieve this goal, arbitrators must focus solely on the common interests and demands of the parties so that, based on them, the dispute is settled.
On the other hand, the rules mentioned in the Washington Convention regarding arbitration, which outlines the procedure for settling international investment disputes by ICSID between a contracting state and an investor who has the nationality of another state, is devoid of any substantive rules for adjudicating the presented claim.
1 In addition to what was stated, it is inferred from paragraph 1 of Article 25 of the Washington Convention, that personal jurisdiction 2 and specialized subject-matter jurisdiction 3 have been stipulated for ICSID arbitration, which creates a unique characteristic; in other words, the members of the Convention, provided that the consent of the disputing parties, which has been previously agreed upon, exists, can solely submit legal claims arising from investment to this institution for the settlement of disputes, for which detailed explanations have been provided (Askari, 2012, 201; Hasibi, 2011, 110).
; Akgul, Zeynep, The Development of International Arbitration on Bilateral Investment Treaties: Disputes Between States and Investor, ICSID Cases Against Turkey Regarding EnergySector, Universal-Publishers, 2008, 37; Bjorklund 2005: 262.
(
, 
, 
)
