Short Answers



Short Answers

Question 1

Please find the answer for question 1 in appendix

Question 2

Please find the answer for question 2 in appendix

Question 3

The foreign investor protection under the treaties Bilateral Investment Globalization and economic liberalization led to the Treaty Bilateral Promotion and Reciprocal Protection of Investment. Appeal Arbitration and Foreign Investor Protection in the Framework of Bilateral Investment Arbitration is one resource that guarantees the investment to be made a foreign entity in a given country, it establishes certain parameters to be met by countries that receive investment and investors, which if violated or breached by any of these will receive a penalty if not come to a negotiating favorable.

Question 4

Jurisdiction is defined as an ability of a state authority or court to perform an act or to hear and decide a case. A court has jurisdiction according to the nature of the case (in some cases according to its financial importance) and on its territory (geographical scope). The objections to jurisdiction are among the defenses. If it is alleged by one party that the court lacks jurisdiction, such one of them raises this exception must, in accordance with Article 75 of the Code of Civil Procedure, the motivation to be accepted, and awareness in all cases in which court it asks that the matter be referred (Mistelis, 2003).

Admissibility" is the quality that should make the request that a litigant takes a court order for the judge to be regularly seized. If the application does not meet all conditions set by the Act, the application is known as "inadmissible", i.e. that the judge will dismiss it without being able to consider whether it is correct.

The application is inadmissible, for example, if the applicant does not have the legal capacity required to bring such actions, or if it does not justify an interest vested and present, or if the proceeding has not was introduced in the forms required by law. It is likewise inadmissible when the procedure was not introduced in time in which the action was lawfully imprisoned.

Question 5

"Fork in the road" allows two alternatives for the investor. The first is to go to national courts of the receiving state; the second is to go to arbitration body (ICSID). And the condition is that once the election is made final. In the case of treaties signed with Germany and Spain provides that in case of conflict, investors must rely on local justice and only after the expiry of 18 (eighteen) months with no resolution of the conflict the foreign investor can go to arbitral tribunals (Chambers, 2008).

Question 6

Dynamism and efficiency of any economy is largely dependent on the value of investments aimed at expanding existing facilities, the reconstruction of the modern scientific-technical level, the establishment of industries that manufacture products with new consumer properties. The role of international investment agreements, especially bilateral investment treaties (BITs), is to provide a stable legal regime for foreign investors, providing them with appropriate incentives, linkages between interests of both foreign capital investors, as well ...