ICEIPI 2022 – Mechanisms of Seeking War Damage Compensation for Foreign Direct Investment

The 3rd International Conference on Educational Innovation and Philosophical Inquiries (ICEIPI 2022)

Well okay ladies and gentlemen thanks for attending this section on the topic of mechanism-seeking war that means compensation for foreign direct investment i’m zhug i graduated from king’s college london with a master’s degree of law in international dispute resolutions i have been a practitioner in the legal industry for years so before i move to the context of

My research i would first like to introduce why i did research in this topic and wrote this paper so in this year 2022 i switched from law firm to a multinational company which invested in many locations of the world shortly after that the russian ukraine conflict broke up and it is still ongoing by the time i record this video that’s just me to think about what

If our investments in overseas countries is destroyed in a war or um conflicts and reparation is out of choice but the answer naturally comes as seeking world damage compensation which i will present to you from here so seeking world damage compensation is in essence a dispute resolution because relevant states are unlikely to just give what the foreign investor

Demands or requires but there are six ways or six mechanisms of dispute resolution namely negotiation mediation inquiry conciliation litigation and investment obligations among them um negotiation mediation inquiry and conciliations are sometimes referred to collectively as diplomatic methods or amicable matters well litigation and investment arbitrations

Are sometimes called legal methods so um we will first look at negotiations and negotiation is the direct interactions between partisan disputes in this context they are foreign investors and relevant southern sovereign states um negotiation can occurs in any stages of seeking war damage compensations it can be the very first steps or it can happen in the very

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Last minutes on one thing needs to be noticed however is that it has now become a common mandatory prerequisite of investment arbitrations because more and more bachelor investment treaties adopt a escalation structure of dispute resolutions which means that under more and more bilateral investment arbitration investment treaties parties are required to first

Implied and employ a certain mechanism before they can turn to another one then next we’ll move to mediations mediation somehow can be regarded as negotiation with facilitation from a third party there has been a greater chance of using mediation to resolve investment related disputes so including seeking war damage compensations um negotiation and mediation

Share many features in common for example results achieved from mediational negotiations can be incorporated into arbitrary awards so for example if there is an investment arbitration and party on the parties in the arbitration reserve that is used by a negotiation they can ask the results to be written into the actual words well also some laws or treaties

May impose certain requirements of the normative process of doing some negotiation or mediation for example in relation to how notice should be sent to be delivered uh how to manage time limits and exception etcetera well um there are also two other types of atmospheric um display resolutions which as i previously told you um inquiry and conciliations they are

By nature more suitable for disputes between sovereign states so um in my research under the current topics i didn’t analyze them in details then we should move to legal methods for our simplifications um litigations can commence before the course of the whole state um well there but the issues of state immunity will raise so state immunity means that the

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State is immune from certain legal proceedings before the courts of other states there are two doctrines of state immunity one is the absolute doctrine and the other is the restrictive doctrine in the circumstance in the circumstance or either um these thoughts were applied so it caused an extra trouble to the climate boring investors well however there is a

Recent development that was noticing the italian court um find that if the war constitutes a violation of human rights then state immunity can be reasonably denied well on the other hand the claiming for investors can also turn to the course of the invading state and thus avoid the issues of state immunity well however in this case the foreign investors will

Find hard to refer to appropriate and suitable underlying legal ground to support their legal clients well because either those brts or domestic laws all on customary international international laws impose certain requirements on either for example territories the identity of the claimants or the territorial support scope of the matters involved so um party

Will find it difficult to choose the appropriate applicable law so that’s litigation and last we will turn to investment arbitrations investment arbitration perhaps is the most prevailing mechanisms as it is provided in most bilateral investment treaties and among those bilateral investment treaties it is usually required for protection and security to foreign

Investors though the degree of protection varies as determined by different arbitrary tribunals there is also the issues of compensation um specifically different arbitrary tribunals may apply different arbitrage prudence in terms of what items should be compensate also the compensation standard for foreign determined by rb2 tribunals are diverse so um if

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One single foreign investors investors turn to different rpg tribunals they may achieve different results there is also the problem in relation to recognition and enforcement of its data world as clearly provided in the eastern conventions that domestic laws in relation to state immunity from execution still applies so that’s another challenge after that the

Foreign investor will face after they attained a favorable ecd award so this is a brief about my research and i should point out that my research is based on abroad the voice viewpoint each of these mechanisms deserves in-depth studies and once again i would like to thank you for watching these videos and i wish you good luck so that’s it bye

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