The Need Of Sanctions In International Investment Arbitration

There is although no exact proof of compliance
issue and is left from case to case issue. The very
system of international investment arbitration is
one for the compensation for the damages. But
not compliance through withdrawal of a measure
or putting an end to certain acts or lack of action
on the part of the state.2 The damages or the
losses for the violation of investment treaties
fulfil a purpose of compensation for an investor,
and the international investment system is not
one of the exemplary or punitive damages if the
state is been doing wrong by the state. Moreover
there are different concept like annulment, set
aside and enforcement which do not reflect the
decisions by the parties to ISDS dispute not to
enforce or to abide by the final award. Further this
can be seen as a very good plan to first exhaust
the full range of remedies which are available to
challenge an award in the absence of an appeal
system. Therefore states have used this strategy
and has become very good in their defence and
therefore take all the possible routes to challenge
or delay an enforcement. Such recourse is the
very essence of the whole process and should not
been interpreted in any light as wrongful on the
part of the party using the same.3