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8 Arbitration Under Investment Treaties

Nigel Blackaby, Constantine Partasides, Alan Redfern

From: Redfern and Hunter on International Arbitration (7th Edition)

Nigel Blackaby KC, Constantine Partasides, Alan Redfern

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

International investment law — Treaty provisions — Arbitration, procedure — Consent to jurisdiction through treaties — Arbitral tribunal

This chapter looks into arbitrations under investment treaties. During the 19th century, European powers tended to utilise a form of gunboat diplomacy to achieve compensation or protection. Numerous treaties of friendship, commerce, and navigation (FCN treaties) adopted the doctrine of non-intervention with exceptions for justice denial or delay. In investment treaties, the International Centre for Settlement of Investment Disputes (ICSID) facilitates the conclusion of arbitration provisions involving individuals asserting rights directly against states. The chapter lists the existence of an applicable treaty, protected investors, and protected investments as some of the jurisdictional issues vindicating the legal rights of investment treaties.

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