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How Well Are Investment Awards Reasoned?

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Chapter Summary

Most of the major policies animating international investment law are quite well known, so it is not particularly difficult to appraise the substantive outcomes of particular awards by reference to those standards. In a few cases, the most careful reading of the award failed to reveal key factual findings, major or minor syllogistic premises, or normative judgments that were necessary to reach a conclusion. The students felt that the right decision had probably been reached. It was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. Investment arbitrations are frequently conducted under the auspices of the International Center for the Settlement of Investment Disputes (ICSID). This was important for the students' inquiries because ICSID arbitration was designed exclusively for international investment disputes.

Keywords: ICSID; international investment law awards; investment arbitrations; normative judgments; policy implications



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