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All Journal Transnational Business Law Journal
Marwandy, Muhammad Irsyad
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Law, Crime, Criminology & Criminal Justice

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THE EXHAUSTION OF COOLING-OFF PERIOD: A NON-MANDATORY PRE-CONDITION IN INVESTMENT ARBITRATION Belaputri, Addyana; Joshua, Gregory; Febria, Jesslyn; Marwandy, Muhammad Irsyad
Transnational Business Law Journal Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v2i2.788

Abstract

Arbitration as an alternative institution to settle commercial disputes has been widely recognized by the business community and state governments. Dispute settlement through arbitration usually derives from the treaty or contract breach which is put under dispute settlement clause. In regard to investor-state dispute settlement, international arbitration plays an important role. However, there are several admissibility requirements that relate to the jurisdiction of the Tribunal, in particular, cooling-off period requirement. This article is placed for the nature and provision of cooling-off period requirement by analyzing several precedent jurisprudences through juridical normative methods. The cooling-off period in Investment Arbitration has been considered as jurisdictional requirement which also integrated with the procedural requirement to submit investment dispute to ISDS arbitration.
Co-Authors Belaputri, Addyana Febria, Jesslyn Joshua, Gregory