Public/Private Conflict in Investment Treaty Arbitration - A Study on Umbrella Clauses
Article from: OGEL 3 (2009), in OGEL Student Special
Abstract
(University of Helsinki) In investment treaty arbitration a neutral international tribunal adjudicates an investment related dispute between a private foreign investor and the host state of the investment. Access to tribunal is usually granted in investment treaties which generally come in a bilateral form (Bilateral Investment Treaty, BIT). Investment treaty arbitration is in many ways an abnormal way of settling international disputes. It is not totally public, in that it does not concern a dispute between signatory states. It is also inevitably ...