All Posts By

Allison Kowalski - University of Pennsylvania Law School, JD '17

International Investment Law Symposium Online Publications

More Guidance Necessary? Limiting State Vulnerability to Investor-State Disputes by Reducing the Grounds for Non-Enforcement of Commercial Awards

This comment explores the relationship between the domestic enforcement of commercial international arbitral awards and a State’s exposure to investor-State arbitral claims. This exploration begins in Part I with a survey of the multilateral framework that governs the enforcement of foreign arbitral awards. Part II compares the legal infrastructure for enforcement in several domestic jurisdictions by highlighting the differences in the amount of judicial discretion to deny enforcement, particularly with respect to awards annulled in the seat. Part III analyzes the feasibility of investor-State claims based on the non-enforcement of an arbitral award by assessing the arguments in two such…

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International Investment Law Symposium Online Publications

Recognizing an Investment: An Argument for Access to the Investor-State Dispute Settlement Mechanisms for Non-Governmental Organizations

Introduction Why are Non-Governmental Organizations (“NGOs”) treated differently than traditional commercial investments, and should they be able access the protections from illegal State interference provided by bilateral investment treaties? This paper examines the space for NGOs in the international investment system and argues that they should be covered as foreign investments in bilateral investment treaties. Part I of this paper addresses the need for international and impartial protections for NGOs by examining some of the challenges faced by civil society groups in Ethiopia, Russia, and Egypt. Part II explores the potential benefits of the international investor-State dispute settlement mechanism for…

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