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PROPORTIONALITY IN INVESTMENT DISPUTE RESOLUTION

Written by Admin on . Posted in Uncategorized.

Yuniarti and Fifi Junita

Yuniarti@fh.unair.ac.id; fifijunita@fh.unair.ac.id

Universitas Airlangga, Dharmawangsa, Surabaya, Indonesia,

Abstract

Investment dispute resolution mechanism is a enhanging broadly recently. The concern in this field is appear from the existing of a new model of dispute resolution that was introduced by the European Union which known as the Investment Court System. The question to this new mechanism is wether it apply the same mechanism as the investor state dispute settlement or it made a new resolution by its new system. There are several system that can be apply for resolve investment matter, they are the state to state dispute resolution, the investor state dispute resolution, the international commercial arbitration, and the domestic court mechanism. However, all those system need to apply a principle in order to gain justice, that is the proportionality principle. This article will analyze the proportionality principle in the investment arbitration dispute resolution. The legal reseach methodology is used to gather a comprehensive understanding within this paper. Keywords: investment, dispute resolution, arbitration, proportionality principle, Fair and equitable treatment.

Fifi Junita S.H. C.N. LL.M. Ph.D., Yuniarti S.H. M.H. LL.M.