In Re (#10 October 2016)

Arbitration Clause in Privatization Agreements

Markian M. Malskyy, Oksàna Y. Karel

A foreign investor is histor­ically considered particu­larly vulnerable in pri­vatization matters, since both the privatization ob­ject and the investor itself are subject to domestic jurisdiction of the state where the privatization took place. This is because an investor is typical­ly concerned by issues of protection of rights and interests, possible discrimi­natory actions, potential challenge of privatization deal and transnational enforcement process, etc.

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