论ICSID仲裁裁决的承认与执行
发布时间：2019-06-29 13:43
【摘要】：《ICSID公约》所创设的争端解决机制满足了国际商事交易当事方对投资争端解决手段的需求和选择。但由于存在着主权豁免因素,从而导致ICSID仲裁裁决的执行仍然困难重重。在国际商事交往中,争端的有效解决是公认之理、应有之意,争端双方均有责任、有义务尊重并遵守争端解决机构依法得出的结论。当国家以私性主体身份从事商事行为时,执行针对其私性财产所作出的某项仲裁裁决是逻辑发展的一个必然结果。
[Abstract]:The dispute settlement mechanism created by the ICSID Convention meets the needs and choices of the parties to international commercial transactions for the settlement of investment disputes. However, due to the existence of sovereign immunity, the enforcement of ICSID arbitral award is still difficult. In international commercial exchanges, the effective settlement of disputes is a recognized principle and should mean that both parties to the dispute have the responsibility and obligation to respect and abide by the conclusions reached by the dispute settlement body in accordance with the law. When a state engages in commercial acts as a private subject, the execution of an arbitral award against its private property is an inevitable result of logical development.
【作者单位】： 北京大学法学院;
【基金】：北京市高等教育精品教材项目(2004)
【分类号】：D997.4
，
本文编号：2507861
[Abstract]:The dispute settlement mechanism created by the ICSID Convention meets the needs and choices of the parties to international commercial transactions for the settlement of investment disputes. However, due to the existence of sovereign immunity, the enforcement of ICSID arbitral award is still difficult. In international commercial exchanges, the effective settlement of disputes is a recognized principle and should mean that both parties to the dispute have the responsibility and obligation to respect and abide by the conclusions reached by the dispute settlement body in accordance with the law. When a state engages in commercial acts as a private subject, the execution of an arbitral award against its private property is an inevitable result of logical development.
【作者单位】： 北京大学法学院;
【基金】：北京市高等教育精品教材项目(2004)
【分类号】：D997.4
，
本文编号：2507861
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