Enforcement of investment arbitration awards

International investment arbitration is one of the main dispute resolution methods among investors and host states. It provides investors with a non-political way to obtain awards and enforce them. However, in the enforcement stage, they experience some problems based on both international and national rules. Nowadays, different solutions are applied to avoid those problems and provide smooth enforcement of arbitral awards. In this research paper, the problems of enforcement of investment arbitration awards and solutions of those problems are analyzed based on the current statutory rules and practices. Although it is concluded that the current solutions are usually sufficient for avoiding problems of enforcement, in order to avoid those problems entirely, especially the problem arising from the State immunity bar of host states, the author suggests; adding provision on waiver of sovereign immunity from execution into both the ICSID Convention and the New York Convention; pursuing a negotiation of a post-award settlement. The analysis should be especially useful to professionals in International Investment Law field, or any corporations facing difficulties in enforcement of awards.

Autorentext
Huseynli, Kamal
Kamal Huseynli, LLM: Studied International Commercial Law at the University of Glasgow. Senior Associate at MGB Law Offices, Baku, Azerbaijan. Advocate, member of the Bar Association of the Republic of Azerbaijan. Lecturer in Business Law at the Azerbaijan State University of Economics.