Introduction

With NAFTA as the notable exception, investment treaties rarely, if ever, expressly state the prescription period for claims brought under such treaty. Absent express language regarding a prescription period, the issue arises whether there comes a point when a claimant's claim is simply too late. Should the tribunal consider the statute of limitations of the countries who signed the treaty as a basis for determining whether a claimant's claim under an investment treaty is time barred, or does only fairness and equity govern the issue? This article reviews the recent arbitral ...