Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

16 For Better or Worse, Is There a Common Law of Investment Arbitration?

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Investment arbitration practitioners were enticed by the notion that investment law was developing towards a system of quasi-precedent in the decision-making process of investment tribunals. The exchange of ideas and the iterative process in which investment treaties were forged and tested through arbitration generated a body of case law from which subsequent tribunals could take the good from the past and build on it. It was hoped that this de facto doctrine of precedent would bring with it the benefits that users of legal systems crave- guidance, predictability, efficiency and uniformity; like cases being treated alike. Tribunals continue to issue diametrically opposed decisions on major issues of investment treaty protection. This chapter illustrates this with a few key topics- cooling-off periods, most-favoured-nation clauses, and the treatment of costs-issues that are repeatedly tested in the case law and yet give rise to equal numbers of conflicting decisions.

Keywords: de facto; decision-making; investment arbitration; investment law; investment tribunals; quasi



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation