International Investment Arbitration: Recent Developments as to the Applicable Law and Unilateral Recourse

Author: Giardina, Andrea

Source: The Law and Practice of International Courts and Tribunals, Volume 5, Number 1, 2006 , pp. 29-39(11)

Publisher: Martinus Nijhoff Publishers, an imprint of Brill

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Abstract:

International arbitration relating to investments is a field in which important and rapid developments have taken place. Such developments have produced a noteworthy reinforcement of the procedural and substantive rights and positions of foreign investors vis-á-vis host States. Among the various items characterizing these new developments, two have been selected to be examined in this Article: (I) The compliance with international law by arbitral awards and their rationale; (II) The new form of arbitration which is apparently developing, the unilateral arbitration or arbitration without privity.

Document Type: Research article

DOI: http://dx.doi.org/10.1163/157180306777156880

Publication date: 2006-03-01