The Delagoa Railway Arbitration Case: The Geo-Politics of Investment Arbitration in the Late 19th Century
Article from: TDM 3 (2016), in Three Centuries of Arbitration for Peace
Abstract
As one of the first arbitral cases of investment protection, the Delagoa Railway Arbitration (1900) is an oft quoted case in the field of diplomatic protection and of the determination of compensation in the context of investment protection. Through a review of the original award, contemporary documents, news sources, and modern legal and non-legal secondary sources, this article aims to review and explain the geo-political tensions leading to the seizure of the Delagoa Railway and subsequent arbitral proceedings. This article further outlines the most relevant legal questions under ...