Abstract

The effectiveness of investor-State arbitration depends not just on the power of the arbitral tribunal to issue legally binding decisions, but also and most importantly, on the willingness of one of its key audiences, the State, to engage in meaningful practices to give full effect to those decisions. Through its conduct in the post-award stage, a State may either promote or hinder the effectiveness of investor-State arbitration. The FG Hemisphere Case is a story of the complex series of post-award legal proceedings between a US company known as FG Hemisphere (the award-creditor) and the ...