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2012
Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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Investment claims have exposed the vague nature of the standards by which arbitral tribunals are expected to adjudicate them and the policy reasons which explicitly or implicitly have an influence. The ad hoc nature of the tribunals and the decisions reached on various controversial issues have brought to the fore the issue of consistency.
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Investment Arbitration without BIT: Toward a Foreign Investment Customary Based Arbitration?
Journal of International Arbitration, 2012Arbitration without privity is traditionally viewed as based on bilateral investment treaties (BITs), or less often on multilateral treaties or national laws. But the mechanism is becoming so common that there is room for assessing whether arbitration offers by host stats toward foreign investors have become an international customary rule.
Audit, Mathias, Forteau, Mathias
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Illegal Investments in Investment Treaty Arbitration
The Law & Practice of International Courts and Tribunals, 2012Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but ...
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Judicializing investment arbitration
Abstract For balance to be functional, it must operate within a context of impartial and independent justice. Without this foundation, other principles of the rule of law lose their legal impact. This configuration of justice is deeply rooted in the EU, providing a basis for effective judicial protection internally and potentially ...openaire +1 more source
Indonesia, Foreign Investment and Investment Arbitration
2019INTRODUCTION There has been a considerable increase in foreign direct investment in Indonesia, from USD 22.9 billion in 2010 to USD 50 billion in 2016. Foreign investment rose to USD 57 billion in 2017 and to an estimated USD 78.4 billion in 2019. Sectors such as mining, manufacturing, transport and telecommunications have continued to attract fairly
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State Immunity in investment arbitration
Abstract This entry explores the key concepts of the customary rules on State immunity in investment arbitration. State immunity is primarily a post-arbitral phenomenon that emerges when successful investors try to enforce an arbitral award and seek assets exempt from enforcement immunity.openaire +1 more source