International Centre for Appropriate Dispute Resolution & Prevention

Increasing coordination and response efficiencies in International Disputes

Increasing Coordination And Response Efficiencies In International Disputes

In this context, an effective policy for attracting investments must necessarily include an action plan that allows identifying and solving potential disputes, as well as ensuring an efficient and coordinated response by the State in the event of disputes with investors. Pakistan lacks a coordination and efficient response mechanism that could expeditiously bring onboard the stakeholders, in particular for investment disputes. ICADRP can provide assistance to the State at all stages of the Disputes, including direct dealing. We can assist with disputes relating to:

  1. “Agreements entered into between Public Entities and national or foreign investors in which rights or guarantees are conferred on the latter, such as privatization contracts, concession contracts, legal stability agreements, hydrocarbon exploitation licenses, and in general all those agreements that are indicated in the regulations and laws that refer to international dispute resolution mechanisms.

2.  Treaties that contain provisions on investment matters, entered into by the State with other States and that establish procedures for the resolution of disputes between the investors of a State and the State receiving the investment

Assist the government in fulfilling its compliance commitments under international law, that have at least one of the following general characteristics:

  1. Are administered by international autonomous organizations.
  2. Contain certain types of procedural rules for the resolution of disputes between investors and States, including ad-hoc procedures.
  3. The costs of the process are fully assumed by the Parties to the dispute.
  4. The Arbitral Awards issued are mandatory for the Parties.
  5. The law applicable to the challenge, recognition and / or execution of the Arbitral Awards issued is not that of any State, but rather that established by the mechanism itself.

 

ICADRP can also assist in evaluating the possibilities of negotiation in the direct deal phase, participate in negotiations with the counterpart and contribute to the work of the lawyers hired for the sponsorship of the State against International Investment Disputes.

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