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The Investment Court System (ICS), developed and introduced by the European Union (EU) as a fresh approach to the Investor-State Dispute Settlement (ISDS)[1] in the new generation of free trade agreements (FTA), has been incorporated to the EU – Viet Nam Investment Protection Agreement (EUVIPA). EU claims ICS to be a new mechanism to replace…
It is undeniable that the ICSID Convention (in particular for Investor-State dispute) and New York Convention 1958 (in particular for the recognition and enforcement of foreign arbitral awards for non-ICSID procedure) have played such an important role in enhancing the effectiveness of a dispute settlement. However, is it the case that a foreign arbitral award,…