@article{article_318160, title={EVALUATION OF “BONA FIDES” AND “NON-PECUNIARY DAMAGE” CLAIMS IN CEMENTOWNIA “NOWA HUTA” S.A- TURKEY CONFLICT SUBJECT TO ICSID INVESTMENT ARBITRATION}, journal={Milletlerarası Hukuk ve Milletlerarası Özel Hukuk Bülteni}, volume={34}, pages={59–87}, year={2014}, author={Polat, Malike and Al Kılıç, Şengül}, keywords={Investor,ICSID Additional Facility Rules,Moral Compensation,Détournement de Procedure,Share Transfer.}, abstract={<p>Encouragement of foreign investments plays a prominent role for economic development in </p> <p>developing countries. Therefore paving the way for foreign investments in legal aspect by </p> <p>governments is a necessity. In this field, generally international regulations affect internal </p> <p>codifications. In the subject case of this study, Convention on the Settlement of Investment </p> <p>Disputes between States and Nationals of Other States (ICSID) which is crucial in terms </p> <p>of international investment law became applicable. For investor to take advantage of the </p> <p>arbitration procedure in the framework of the Convention is subjected to certain conditions </p> <p>in terms of Center’s jurisdiction. In the case at hand, applying fraudulent transactions </p> <p>Claimant made an effort to provide international jurisdiction and took advantage of ‘détournement </p> <p>de procedure’. And as a result, whether this situation ruined the Government’s </p> <p>reputation, and whether a moral compensation should be sentenced came into question. </p>}, number={2}, publisher={Istanbul University}