Examples of using Host state in English and their translations into Korean
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After checking compliance, the following compliance error is received: Host state does not match specification.
In times of financial instability, host States may have incentives to minimise or even end such schemes.
This Convention focuses on investment disputes, defined as disputes arising out of an investment between the foreign investor and the host state.
They are different from the protections afforded by the domestic law of the host State, and at times the protection they afford may be greater.
In fact, host States of investment might build their defence based on this concept, arguing that investors' claims are stale,[…].
This very useful service provides electronic tracking of news concerning international arbitrations between foreign investors and host States.
Here, the host State has not been able to confirm that restitution is possible, and the tribunal noted that it could not supervise any restitutionary remedy.
The ICSID Convention provides the rules for the enforcement of international investment awards that host States are bound to respect(Articles 53 to 55 of the ICSID Convention).
The arbitral tribunal ruled that the host State had violated Articles 2(2) and 2(3) of the BIT through unfair and inequitable treatment, as well as arbitrary and unreasonable acts.
Most investment arbitration agreements provide for a cooling-off period, frequently of 6 months,where the investor and the host State are invited to engage in negotiations in order to find an amicable solution.
If the host State is not a party to the ICSID Convention, then enforcement of the award is carried out in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.
As figures show, States' unilateral offers expressed in BIT's represented around 60% of all cases and arbitration clauses included in contracts between investors and host States gave rise to 16% of the claims.
Thus, if a foreign investor is seeking compensation from a host State for harm to its investment, it should avoid relying on a DCF valuation in the absence of a track record of profitability.
Of Int'l L. 133(1999):“ if there is discrimination on arbitrary grounds, or if the investment has been subject to arbitrary orcapricious treatment by the host State, then the fair and equitable standard has been violated.
The arbitral tribunal recalled that the host State may bring a counterclaim in investment arbitration against the foreign investor as long as the three conditions of Article 46 of the ICSID Convention are met.
While there is no statute of limitations under international law and, therefore,a treaty claim cannot be time barred per se, a host State may rely upon the equitable notion of extinctive prescription in an attempt to defeat the claims.
Consent to investment arbitration is most commonly given by host States in International Investment Agreements(IIA's), including Bilateral Investment Treaties(BIT's) as well as Free Trade Agreements(FTA's) and multilateral agreements, e.g., The Energy Charter Treaty(ECT).
Less frequently, consent to investment arbitration may be found in investment agreements concluded directly between a State and a foreign investor, orit may be contained in a domestic law of the host State, such as a mining or investment law.
It is very important for a foreign investor to review the instrument containing the host State's consent to arbitration in detail prior to initiating proceedings, since it may be barred from later initiating arbitration if courts of the host State are first approached to resolve the dispute.
Regarding obligations of investors, new Article 7(1)explicitly states that“Investors and their investments shall comply with domestic laws and regulations of the host state, including laws and regulations on human rights, environmental protection and labor laws.”.
We already noted that the definition of an investor, legal person, as provided in Articles 1(b)(ii) and(iii) of the Draft, attempted to restrict accessto investment arbitration to mere mailbox companies by requiring that any legal person must have substantial business activities in the territory of the Contracting Party, other than the host State.
Such treaties are intended to encourage foreign direct investment in host States by ensuring standards for the treatment of foreign investors, including compensation for the expropriation of foreign investments, protection against the unfair and inequitable treatment of foreign investors, and protection against discriminatory treatment and lack of full protection and security.
In order to enter a Hibernation State, the host sends 64 MDDI_Stb cycles after the CRC of the Link Shutdown Packet.
In order to enter a Hibernation State, the host sends 64 MDDI_Stb cycles after the CRC of the Link Shutdown Packet.
