Abstract

As the debate on the future of ISDS is ongoing, and given the rise in investment treaty claims based on domestic judicial measures, this article focuses on the relationship between domestic judicial measures, arbitral tribunals and potential state liability in investment arbitration. This article examines the circumstances under which domestic judicial measures might amount to a violation of a state's international obligations towards a foreign investor. Specifically, the article discusses the controversial and increasingly poignant question of whether a state's liability for its ...