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 […]
Denial of Justice in International Arbitration
Denial of justice in international arbitration concerns acts or omissions of a State’s judiciary for which a State may be internationally liable. Although the judiciary is a functionally independent body from a State’s executive and government, it is still a State’s organ. As a result, States may be held internationally liable for the acts and […]
Resolving Energy Disputes Through Arbitration
Energy projects are usually long, complex and require a substantial level of capital. Additionally, the sector has significant exposure to geological events, political changes and environmental regulations. For these reasons, disputes are common in the energy sector, and arbitration has become the preferred method of resolving these disputes, particularly at the international level.[1] As noted […]
Vienna International Arbitral Center (VIAC)
The Vienna International Arbitral Center (the “VIAC”) has continued to develop and reaffirm its position as a leading arbitration institution in Europe, and namely in the region of Central and Eastern Europe, with more than 1,600 proceedings administered since its establishment in 1975 under the auspices of the Austrian Federal Economic Chamber.[1] Today, the VIAC […]
Human Rights Law and Investment Arbitration
Human rights law is relevant in the realm of investment arbitration. This does not come as a surprise: both investors and host States may turn to public international law provisions, including human rights treaties, to reinforce their respective positions or to put forward autonomous claims. While little attention was initially given to human rights law […]