Exhaustion of Local Remedies and Wrongful Judicial Acts other than Denial of Justice
Article from: TDM 2 (2019), in Judicial Measures and Investment Treaty Law
Abstract
This article addresses the question of whether it would still be necessary to exhaust local remedies on the assumption that there are other treaty standards available to a foreign investor for asserting claims arising out of a wrongful judicial act other than denial of justice. The article recognizes that there is not any general requirement of prior exhaustion of all effective remedies with respect to wrongful judicial acts. Such requirement exists with respect to denial of justice for the substance of the particular wrongful act. Accordingly, the nature of each investment treaty ...