This article examines dispute settlement clauses in investment projects, focusing on ICSID jurisdiction and legal implications.
Key Points
The analysis investigates the scope and legal implications of dispute settlement clauses in investment projects, especially regarding ICSID jurisdiction.
Examine legal nature and scope of dispute settlement clauses.
Analyze extension to related agreements in contractual structures.
Consider approaches to written consent for arbitration.
Assess the impact of legal certainty on State and investor consent.
Identified importance of systemic interconnection among project documentation.
Highlighted coherence of procedural protections for legal predictability.
Argued that well-drafted clauses are crucial for effective protection and reducing jurisdictional risks.
Cite This Study
Dmitry Semenovich Belkin (2019) studied this question.