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The enforcement question

Steve Jones discusses the factors that can delay an arbitration award in cases where the respondent is a state

15 December 2015

There are three key questions that any claimant wants their lawyer to be able to answer positively: 'Are we going to win?', 'How much is it going
to cost?', and 'If we win, how
do we get paid?'

For the first of these questions, the lawyer is paid
to predict the answer. The second is an art, not a science, but at least the lawyer has the benefit of being able to forecast a result based on
past experiences and various budgeting, insurance, and funding tools.

However, the answer to
the third question - evaluating the outcome of enforcement proceedings - is notoriously difficult to prophesise, especially when the respondent is a state. Following an investor-state arbitration, there can be a variety of reasons for the non-recognition of awards, such as public policy, jurisdictional issues,
or judicial activism, which
...

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