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You are here: Home / Archives for Investor State Dispute Settlement

Customary International Law and Investment Arbitration

04/06/2022 by International Arbitration

Customary International Law

Customary international law plays a significant role in investment arbitration disputes. Parties frequently rely on customary international law as a secondary source of law under a bilateral investment treaty (BIT) or a State contract. In some cases, arbitral tribunals have accepted a more prominent role of customary law, i.e., as a self-standing source of international […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement, Public International Law

Umbrella Clauses in Investment Arbitration

01/05/2022 by International Arbitration

Umbrella clause investment arbitration

In investment arbitration, an umbrella clause can constitute an advantage for investors, protecting investments by placing obligations entered into by a host State of investment under the protective “umbrella” of an international treaty. By linking the violation of local law to the violation of a Bilateral Investment Treaty (“BIT”), contract claims may in particular be […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Expropriation in Investment Arbitration

13/03/2022 by International Arbitration

Criteria for lawful expropriation

Expropriation in investment arbitration concerns two notions: (1) each State’s right to exercise sovereignty over its territory and (2) each State’s obligation to respect properties belonging to foreigners. The first means that a State may, in special circumstances, expropriate a foreign investor’s property. The second means that the expropriation of foreign-held properties will only be […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Fair and Equitable Treatment in Investment Arbitration

23/01/2022 by International Arbitration

Fair and equitable treatment

Fair and equitable treatment is a prominent standard of protection in investment arbitration disputes, which is present in most bilateral investment treaties (“BITs”).[1] The standard has evolved in post-World War II treaties. The 1948 Havana Charter for an International Trade Organization is said to be the first treaty to include “just and equitable treatment” for […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Moral Damages in Investment Arbitration

12/12/2021 by International Arbitration

Moral Damages Investment Arbitration

Under public international law, the right to claim moral damages is enshrined in Article 31(2) of the Articles on Responsibility of States for Internationally Wrongful Acts pursuant to which the obligation of a State to make full reparation for the injury by the internationally wrongful act includes “any damage, whether material or moral”. The commentary […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

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