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The State as a Respondent in Central and Eastern European Investment Arbitrations

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Hersch Lauterpacht would have welcomed the development of international investment law and the surge in investor-State arbitrations. However, he may have been surprised at the extent of the erosion of the perception of the State as a sovereign on the international plane, which has been occurring in recent years. This article examines some international investment arbitrations in which Central and Eastern European States have been involved. It points out the factors that make these States particularly vulnerable as respondents and contains an overview of the different approaches taken by investment tribunals in these cases.

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Affiliations: 1: Centre for Commercial Law Studies, Queen Mary College, University of London UK


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