Abstract

This article explores the challenges that investment arbitral tribunals face when investors initiate claims against the imposition of sanctions affecting them. Given the (often) highly politicised context in which such measures are imposed, questions can arise when it comes to the tribunal's approach to the merits of such disputes. While the depoliticisation of investor-state disputes hypothesis contributes to identifying the aforementioned problem, it does not offer a practical solution. Thus, the article explores the degree of deference that arbitral tribunals are expected to show when ...