The article examines the treaty-based model of guarantees for foreign investors and the legal mechanisms ensuring the enforceability of decisions rendered in investment disputes, with particular emphasis on the relationship between universal frameworks for the recognition and enforcement of arbitral awards and the special regime established by the 1965 Washington Convention. It outlines the main legal features of investment disputes as conflicts triggered by sovereign regulatory measures yet resolved through procedures structured as arbitral adjudication, and it clarifies the core jurisdictional prerequisites and institutional design of the International Centre for Settlement of Investment Disputes. Special attention is given to legal certainty at the recognition and enforcement stage, as well as to the limits of party autonomy and the role of public policy in assessing the admissibility of coercive enforcement, which is crucial for aligning a state’s international commitments with the protection of national interests and the stability of the legal order.
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Dmitry Semenovich Belkin
Institute of Slavic Studies
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Dmitry Semenovich Belkin (Fri,) studied this question.
www.synapsesocial.com/papers/69c4cc02fdc3bde448917530 — DOI: https://doi.org/10.64457/ru-science-2017-i04-a03