... not be enforced in any way. Due to this situation, it is difficult to imagine that Latvia would be chosen as a place of arbitration in the case of private-public arbitration and, therefore, the issue has never arisen in practice. In any event, the exposure of the Baltic States to investment treaty arbitration has...

... ) 606 Van Harten , Gus , Investment Treaty Arbitration and Public Law ( OUP   2007 ). Reports Australian Government, Department of Foreign Affairs and Trade, ‘Gillard Government Trade Policy Statement: Trading Our Way to More Jobs and Prosperity’ (2011) Australian Productivity...

... rarely did the arbitrators refer to terms and concepts used by courts to manage overlaps with other adjudicators. Even where a treaty or contract provided for limits on the role of investment treaty arbitration, the arbitrators in most cases allowed the treaty claim to proceed. There were exceptions...

...This chapter summarizes the main findings of this study, which has examined whether investment treaty arbitrators would, in some cases, exercise restraint due to the relative accountability, capacity, or suitability of another decision-maker. With few exceptions, the arbitrators did not adopt...

... and subsequent reforms. The chapter then discusses the emergence of an investment treaty arbitration system, the scope and complexity of the system, and the exceptionality of the system. Argentina business regulation debt sovereign Cavallo Domingo Menem Carlos investment treaty arbitration investors...

..., but merely to show that within those boundaries a wide expanse of regulatory activity is subject to intensive review. arbitrators investment treaties sovereignty standards of review investment investment treaty arbitration water Agreement on Trade Related Investment Measures TRIMs Agreement...

...This chapter examines how investment treaty arbitrators have exercised their power. Four broad approaches emerge from the jurisprudence to date. Two of them emphasize a reciprocal legal framework in their conceptualization of investment treaty arbitration: the first by treating it as a form...

...This chapter explores the subject of dissenting opinions, which have been appearing with increasing frequency in investment treaty arbitration. Whatever their advantages and disadvantages otherwise, dissenting opinions are significant because, when read together with the award, they offer...

... jurisprudence inconstante contract for sale of goods investor State arbitration jurisdiction Paulsson Jan most favoured nation investor-state arbitration investment treaty arbitration The world of investment treaty arbitration does not want for controversies, but few have generated so much heat...

... cannot result in a successful challenge, but that care needs to be taken where what looks like a commitment to the law obscures a lack of openness vis-à-vis one of the parties. investment treaty arbitration issue conflicts ‘pure’ issue conflicts arbitral awards arbitrators bias conflicts...

... public policy ‘manifest’ criterion United States general principles of law international institutional review secession South Sudan Sudan investment treaty arbitration ICSID annulment awards manifest excess of powers As one of the earliest, most complicated, and longest-running disputes...

... for more regulatory discretion has broadened the margin of appreciation enjoyed by States. investment treaty arbitration standard of review bilateral investment treaties BITs expropriation claims investment agreements United Nations Conference on Trade and Development UNCTAD United States European...

... enshrined direct access to ICSID in their domestic law. The Secretariat’s promotion of advance consent in BITs was crucial for creating “investment treaty arbitration”: following the Secretariat’s advice, several European states inserted advance consent clauses in their model BITs, and these clauses...

... of Primary Importance in International Law. Edited by: Gábor Kajtár, Başak Çalı, and Marko Milanovic, Oxford University Press. © Martin Jarrett 2022. DOI: 10.1093/oso/9780192869012.003.0007 For any investment-treaty arbitration that reaches the merits phase, the following question will invariably...

.... This chapter has explored how a core component of the rule of law—the separation of powers—might inform adjudicative standards of review in investment treaty arbitration. It has explored the connections between the rule of law, separation of powers, and standards of review in order to consider how...

...The proper allocation of interpretive authority between states and arbitral tribunals is central to current debates about investment treaty arbitration. States traditionally have given arbitrators broad latitude to interpret and apply international investment agreements. But as states gain greater...

.... It goes on to bridge the theoretical debate about ordering paradigms into practice and discusses how multilateral rationales play out in investment treaty arbitration, in particular in the process of interpretation of international investment agreements (IIAs), in reason-giving in arbitral decisions...

...This chapter challenges the incessant appeal for consistency in investment arbitration. It argues that the moral value of a regime such as investment treaty arbitration depends upon the quality of the decisions comprising the jurisprudence and not upon consistency among those decisions...

...-as-value — determines the cause of action available to the claimant in investment treaty arbitration. In other words, what distinguishes each of the core investment treaty obligations is the nature of the investment interests they protect. The chapter presents a table of conclusions setting out whether...

... violations. This can be considered a victory for international commercial arbitration. However, critics of investment treaty arbitration would likely not view this outcome the same way. A due process standard that is undeniably fair in the former might seem unfair in the latter when the situation involves...