Introduction

It is perhaps to restate the obvious to say that public international law plays an important role in investment arbitration. When States and State entities are involved in arbitrations, public international law, by definition, plays a role. The importance of it will of course vary depending on the facts of the individual case. When, for example, expropriation and/or expropriatory measures are the focus of a dispute, the rules and principles of international law relating to the protection of foreign investment will automatically play a central role. Likewise, in arbitrations based ...