Violations of the National Treatment standard are often alleged by claimants involved in investment arbitrations. The National Treatment standard has a simple theoretical purpose: to ensure that foreign investors or their investments will be treated no less favourably than domestic investors or their investments. The application of the National Treatment standard can vary significantly depending […]
The Standard of Full Protection and Security for Foreign Investors
The standard of full protection and security is one of the basic principles of investment protection applicable to investor-State arbitrations. Its content, scope of application and the sanctioned behaviors of host States of investment can be diverse. Doctrinal Definition of the Standard of Full Protection and Security According to doctrine, the standard of full protection […]
Appellate Mechanisms for ISDS: Inconsistency & Unpredictability of Arbitration Awards
Investor-State Dispute Settlement (“ISDS”) has been criticized for the lack of an appellate mechanism and the inconsistency and unpredictability of certain arbitration awards that are rendered. Opponents of ISDS claim that, as decisions that may ultimately affect public interests are at stake, it is undesirable that wrong decisions taken by arbitral tribunals cannot be appealed. […]
Investor-State Arbitration: Who Qualifies as a Foreign Investor?
The simplest investment protections to understand, as well as the widest, are usually provided in Bilateral Investment Treaties (“BIT’s”). Protection via BIT’s is not granted to every foreign entity that is impacted by the measures of a host State of investment, however. In order to enjoy protection under BIT’s, business actors must qualify as investors […]
Correction of Arbitration Awards
Correction of arbitration awards is one of the post-award remedies intended to rectify any errors, ambiguities or omissions in the arbitral tribunal’s award after its issuance. It frequently occurs in practice that arbitral awards contain certain minor, or sometimes, more significant, mistakes, ambiguities or omissions. While these errors usually concern minor and incidental issues, certain […]