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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