The interplay between human rights and international investment law and arbitration is a relatively recent field of enquiry, both on the academic and policy levels. But the role and responsibility of corporations in respecting human rights when they invest or operate other activities abroad has...

In this article, we examine the place of proportionality and related tests in international investment law and arbitration by looking specifically at the challenges faced by this field on applying proportionality coherently and consistently. We also assess where proportionality has been used in...

This chapter focuses on the impact of sanctions on international arbitration which can be provided for in contracts which have been targeted by the sanctions, or in international investment agreements. There are indeed many aspects to this interaction, both legal and practical. On a general...

I will first briefly explain the specificity of investment treaty arbitration, as compared to international commercial arbitration. I will next briefly discuss the concept of third-party funding and its use in investment treaty arbitration. The third section will then analyze the question as to...

That international investment in the energy sector accounts for a vast percentage of global investments, and, as a consequence, that disputes in energy sector constitute one of the largest portfolio of international commercial and investment disputes is beyond doubt. Disputes relating to the...

Traditionally legal scholarship has distinguished between diplomatic and legal dispute settlement mechanisms. The first type of mechanism relies on diplomacy, while the latter are methods which leave the legal settlement of the dispute to neutral third parties. In recent decades, the number of...

Despite the apparent opposition between the two concepts, human rights protection and international investment law in fact share many common features, the most important being the weak or vulnerable position of both individuals and foreign investors in relation to the state, which can take...

International investment arbitration involves high costs both for the investor and the State appearing in proceedings. A relatively recent phenomenon in international investment arbitration is the financing of the proceedings by a third party funder. The third party funder as such has no...

Whether judicial and arbitral decisions are a source of law, and thus binding upon international courts and tribunals is from a theoretical perspective a relatively easy question, but nevertheless proves to be a controversial one when taking into account the practice of international courts and...

Recent decades have seen a significant increase in the number of legal dispute settlement mechanisms charged with settling disputes based on international law. The most important, but often overlooked reality within this evolution however is that at the same time several of these mechanisms have...