Recent Developments in Investment Arbitration: Claims under Investment Treaties for Conduct that also involves Contracts with Government or Government-attributed Entities?
Article from: TDM 3 (2004), in Investor-State Disputes - International Investment Law
The dispute resolution provisions of Bilateral Investment Treaties (BITS) and multilateral agreements such as NAFTA have created a new and important form of protection for the rights of foreign investors. However, the emergence of treaty-based claims by private investors against a State Party have raised challenges to some fundamental assumptions of international commercial arbitration. What changes does treaty-based arbitration require to established arbitral doctrine, so firmly based on the existence of a contract between the Parties? What does it mean for international law, ...