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Enforcement of arbitral measures to protect private commercial investments - Couverture souple

Daniel PhD, Rodney

 
9782952700931: Enforcement of arbitral measures to protect private commercial investments

Synopsis

The concept of “governance” is not new. It is a very old one, old as human civilization. Governance means: « The process of decision-making and the process by which decisions are implemented (or not implemented) ». Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance (...). Companies must be in a strong position to manage security risk in these governance deficit zones and be present quite permanently. Authorities play an essential part in the political and judicial process while maintaining law and order to respect their obligations towards human rights. The traditional manner in which governmental measures are reviewed for compliance with international law in a private setting has come under increased scrutiny and criticism. International arbitration can provide the advantage of impartial and competent decision making (…). Another conflicting legal aspect is the challenge that opposes domestic law / customary law to international investment and arbitral jurisprudence. The author is a professional arbitrator, a commercial mediator and corporate business lawyer at AMC Law Associates in the United Kingdom.

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