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• Characteristics of the ISDS and challenges for arbitrators under the ICSID Convention

  5-36

  Erika Bihari

  Views:

  271

  The legal protection of foreign investors is mainly ensured by international investment agreements, with more than two thousand bilateral investment treaties worldwide and nearly four hundred other international treaties containing investment protection provisions. These conventions provide legal solutions for foreign investors to reduce investment risks in a foreign country, including rules on the treatment of foreign investment, expropriation and dispute settlement.

  One of the most common ways of resolving disputes between a foreign investor and the host state is the Investor-State Dispute Settlement (ISDS) procedure, which is conducted before an independent international arbitration tribunal. ISDS generally has the advantage of being objective and efficient, but it has also been criticised for legal certainty, transparency, procedural inconsistency, costs and the impartiality of the arbitrators.

  This paper examines the ISDS system and the rules of the International Centre for Settlement of Investment Disputes (ICSID), one of the most common procedural fora. It focuses on concerns about the independence of arbitrators, one of the most critical aspects of the system.

• Civil law notaries within the organization of Roman Catholic Church

  55-65

  Henriett Nagy

  Views:

  215

  The current, traditional Latin-type civil law notaries do not exist within the organisation of the Roman Catholic Church. However, the ecclesiastical “notary” and the concept, function and activities of the civil law notary may be related, and even made parallel, which may support the idea of some common origin or development. My article discusses the reason why we may still speak of persons having quasi notarial competence within the church. Also, it purportsto describe the diplomatic mission of the Vatican, the tasks of the embassy, touching on the issue of legalization as well; moreover, it draws a parallel between the ecclesiastical clerk and the civil law notary from the aspect of civil legal principles, such as impartiality and independence, comparing them also in terms of appointment and similar elements concerning attestations. It covers the rules governing the preparation of instruments and the certification of copies in more detail, as well as the procedural function of the ecclesiastical clerk, the similarities concerning archives and the custody of documents, and finally presents the issue of removability and termination of office.