Towards Arbitral Path Coherence & Judicial Borrowing: Persuasive Precedent in Investment Arbitration
Article from: TDM 3 (2008), in Precedent in Investment Arbitration
[Note: updated version May 29 2008] Along with the unprecedented bloom of investment arbitration, arbitrators and scholars have increasingly faced the challenge of systematizing the growing body of case law. The difficult task is complicated by the fact that there is no single investment agreement to apply, but a panoply of bilateral and regional instruments, with sophisticated clauses and technical specificities. Lawyers recur to a different methods to analyse and systematize the congeries of decisions. Traditionally in common law legal systems, a precedent or ...