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کنوانسیون ایکسید
Chapter 2: Overview of ICSID Convention arbitration
In answering this question, this chapter defines FDI and provides an overview of the historical development of ICSID arbitration and the annulment provision under the ICSID Convention.
The chapter examines the rationale for incorporation of post award remedies particularly annulment provision under the ICSID Convention.
It is important to note that the ICSID Convention does not define the term "investment".
There are two tests which have arisen, namely the "subjective" and "objective" tests.2 The subjective test stipulates that, to determine ICSID jurisdiction, a study of the parties' respective BITs should be carried out as to determine their intended objective.3 The objective test requires the tribunal, on the other hand, to look at the ICSID Convention which establishes an objective limitation separate from the intention of the parties to determine ICSID jurisdiction.4 This second approach is highlighted in the case of Salini Construction
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