Abstract

Unlike ICSID awards, which are subject only to the ICSID annulment procedure and therefore cannot be challenged before local courts, non-ICSID investment treaty arbitration awards raise the possibility of intervention by local courts at the place of arbitration. The challenges to investment arbitration awards are, in these cases, raised in accordance with a national arbitration law. The purpose of this paper is limited to briefly discussing how the agreement to arbitrate between the host State and the investor is viewed by English and Swiss state courts. The reason why such a ...