ICSID Tahkiminde Güncel Gelişmeler

Uluslararası Yatırım tahkiminde ev sahibi devlet ile yabancı yatırımcı arasında doğan…

Anahtar Kelimeler: ICSID 2022 Değişiklikleri, ICSID Tahkim Kuralları (2022),…

ABSTRACT…

In the settlement of disputes arising between host states and foreign investors in international investment arbitration, the most referred institution is the International Centre for Settlement of Investment Disputes (ICSID). Established in 1966 with the participation of member states to create a safer investment environment and to ensure the legal protection of foreign investors’ investments in the host state, ICSID operates with independent and impartial arbitrators and appears to have achieved its objective since its founding. Developments in international arbitration law, demands from investors and states, the impact of ICSID decisions on host state policies and their people, and the emergence of new concepts such as third-party funding and environmental rights in investment law have made certain changes and innovations necessary over time. Since its establishment, ICSID arbitration rules have been amended four times, with the latest and most comprehensive amendment coming into force on July 1, 2022, after nearly six years of work. These changes include comprehensive modifications to the existing ICSID rules and introduce new rules in the areas of mediation and conciliation. Both existing rules in ICSID arbitration have been revised, and new rules that were not present in previous regulations have been introduced. In this study, we will first discuss the changes in ICSID Rules, followed by an explanation of the modifications in ICSID arbitration.…

Keywords: ICSID 2022 Amendments, ICSID Arbitration Rules 2022, Transparency in International Investment Law, Provisional Measures.…