binding or non-binding on investment arbitration tribunals. The paper concludes with brief consideration of possible criteria …

of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …

international law are applied between the customary based norm of necessity and the necessity defence available under the Argentina …

treatment, and importantly, the right to bring a claim in international arbitration against the host State in the event that the … investor considers that the State has breached its international obligations. This article considers the case of Argentina … faced by the regime for investment treaty arbitration, such as the problem of inconsistent decisions, multiple proceedings …

compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …

States by SOEs have been submitted to investor-State arbitration. Such claims raise the issue of whether, for purposes of … determining standing as ‘investors' in investment arbitration, tribunals should apply the same analysis to State-owned and …

unconditional positive. And in the context of investment arbitration, there are reasons why we may believe that the conditions for … consistency to be a good thing are actually not met: in investment arbitration the pursuit of consistency may well do more harm …

In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris' claim that Uruguay …, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The …