
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. State Parties’ Role in Treaty Interpretation: Subsequent Agreement and Practice II. State Parties’ Role in Treaty Interpretation: Subsequent Agreement and Practice
-
III. Travaux Préparatoires and the Non-Disputing State Party III. Travaux Préparatoires and the Non-Disputing State Party
-
IV. Unilateral Submissions and Amicus Curiae Participation IV. Unilateral Submissions and Amicus Curiae Participation
-
V. State-State Arbitration under Compromissory Clauses in Investment Treaties V. State-State Arbitration under Compromissory Clauses in Investment Treaties
-
VI. Enforcement VI. Enforcement
-
VII. Conclusions: State Parties As Interested Players, Not the Interested Players VII. Conclusions: State Parties As Interested Players, Not the Interested Players
-
-
-
-
-
-
-
-
-
-
-
-
34 The Non-Disputing State Party in Investment Arbitration: An Interested Player or the Third Man Out?
Get access-
Published:November 2015
Cite
Abstract
This chapter deals with the role of the non-disputing state party in the various stages of an investment treaty relationship and posits some tentative conclusions regarding their limits. The chapter is organized as follows. First, it addresses the prominent role that the non-disputing state party can play together with host states in the interpretation of investment treaties and the mechanisms whereby they can do so together. Second, it discusses the ways in which the non-disputing state party can attempt submissions regarding treaty interpretation to investor-state arbitral tribunals. Third, it reviews the mechanism whereby the non-disputing state party can commence state-state arbitration through compromissory clauses, which are commonplace in investment treaties, where a dispute with the host state exists on a matter of treaty interpretation or application. Finally, the chapter addresses the central role that the non-disputing state party can play in facilitating the enforcement of arbitral awards rendered in favour of their investors.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 12 |
November 2022 | 9 |
December 2022 | 3 |
January 2023 | 15 |
February 2023 | 13 |
March 2023 | 10 |
April 2023 | 7 |
May 2023 | 9 |
June 2023 | 6 |
July 2023 | 6 |
August 2023 | 8 |
September 2023 | 4 |
October 2023 | 5 |
November 2023 | 17 |
December 2023 | 7 |
January 2024 | 12 |
February 2024 | 5 |
March 2024 | 16 |
April 2024 | 6 |
May 2024 | 8 |
June 2024 | 8 |
July 2024 | 6 |
September 2024 | 1 |
October 2024 | 4 |
November 2024 | 3 |
December 2024 | 9 |
January 2025 | 4 |
February 2025 | 2 |
March 2025 | 2 |
April 2025 | 11 |
May 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.