DISPUTE SETTLEMENT MECHANISM IN BILATERAL INVESTMENT TREATIES (BITS)

Yetty Komalasari Dewi, Arie Afriansyah

= http://dx.doi.org/10.20473/ydk.v34i1.11403
Abstract views = 86 times | views = 15 times

Abstract


In various countries, BITs are not always the same, but most of them contain many commitments or promises to protect the investment and investors of a country ("investors") in the territory of another country ("host country").[1] This protection includes treatment that is fair, equal and not discriminatory in overseeing the implementation of investment agreements and other obligations related to investment. The important thing is, in most cases, this kind of protection is accompanied by a very strong international arbitration mechanism that allows investors to file a lawsuit directly against a host country that is suspected of violating the protection under international law. Capability of investors to "enforce" their rights directly on a country without an arbitration agreement is considered as one of the extraordinary achievements of BIT innovation.


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