Procedural issues in international investment treaty disputes

Andrea K. Bjorklund and Damini Chawla

Chapter 7 in Research Handbook on International Procedural Law, 2024, pp 156-171 from Edward Elgar Publishing

Abstract: The relative transparency of investment arbitrations means that the decisions of investment tribunals have made significant contributions to the development of international procedural law. Some issues repeatedly confront arbitral tribunals. This chapter will cover some of the most important procedural issues that are particular to investment treaty arbitration; it excludes those procedural matters that will arise regardless of venue. The first section discusses sources of procedural law and the relevant hierarchy in the application of those sources. The second delves into the procedural hurdles that claimants making an investment treaty claim must surmount before it can be submitted. The third presents certain considerations related to the selection of arbitrators and ethical requirements they must fulfil. The fourth section covers certain details related to case management. The fifth section addresses transparency, including access to information about arbitrations and the participation of amici curiae in investment arbitrations.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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