Friday, August 24, 2012

Viñuales & Bentolila: The Use of Alternative (Non-Judicial Means) to Enforce Investment Awards Against States

Jorge E. Viñuales (Graduate Institute of International and Development Studies - Law) & Dolores Bentolila have posted The Use of Alternative (Non-Judicial Means) to Enforce Investment Awards Against States (in Diplomatic and Judicial Means of Dispute Settlement : Assessing their Interactions, L. Boisson de Chazournes, M. Kohen & J.E. Viñuales eds., forthcoming). Here's the abstract:
As a rule States comply with investment awards. Yet, in some cases, the enforcement of such awards has proved to be difficult. This chapter focuses on the interaction between judicial and non-judicial means of enforcing investment awards. Specifically, it analyses a variety of “alternative” or “non-judicial” means that can be used either as a supplement to the judicial framework for enforcement or on a stand-alone basis, when judicial enforcement has been pursued unsuccessfully.