Are there any special considerations for investment arbitration?
Yes, there are special considerations for investment arbitration in Hawaii. Investment arbitration is a particular kind of arbitration that involves the resolution of disputes arising from foreign investments. Hawaii is a signatory to the International Centre for Settlement of Investment Disputes (ICSID) and the North American Free Trade Agreement (NAFTA), both of which contain provisions for resolving investment disputes through arbitration. In order for an investor to initiate an arbitration proceeding, they must first register with the ICSID and provide the required documents. In addition, investors are required to provide written notice to the government parties to the dispute. There are also specific requirements with regards to selection of arbitrators, including that they be independent and qualified to preside over the case. In addition, investment arbitration proceedings are held in private, with limited access to the public. This helps ensure that investors have the right to fair and impartial proceedings and that their interests are protected. When it comes to the awards or judgments, they are binding and enforceable, meaning that they must be followed by all parties to the dispute. Finally, foreign investors may be entitled to provisions of compensation or remedies if they can prove that the government has failed to abide by their obligations under investment treaties. These provisions must be taken into consideration when determining the merits of the dispute.
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