Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe
Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these dispute are limited. This article addresses this gap. It examines the contribution of some of the high-profile ICSID disputes involving African states to the development of international investment law. Notwithstanding the charges against African States in ICSID, I contend that the involvement of African States in ICSID Disputes has contributed to the development of international investment law. In particular, the jurisprudence that …
Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti
Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti
Articles, Book Chapters, & Popular Press
This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a …
Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe
Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these dispute are limited. This article addresses this gap. It examines the contribution of some of the high-profile ICSID disputes involving African states to the development of international investment law. Notwithstanding the charges against African States in ICSID, I contend that the involvement of African States in ICSID Disputes has contributed to the development of international investment law. In particular, the jurisprudence that …