Judicial Acts and Investment Treaty Arbitration

Securities

Judicial Acts and Investment Treaty Arbitration

By Berk Demirkol
Cambridge University Press January 2018

Specifications

ISBN-13
9781107198463
Publisher
Cambridge University Press
Publication
January 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims.

Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved.

Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach.

Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

Table of Contents

1. International State Responsibility for Judicial Acts under General International Law
2. International Protection with Respect to Wrongful Judicial Acts in Investment Treaty Arbitration
3. Completeness of the Breach and Exhaustion of Local Remedies as a Substantive Requirement
4. Redressing Wrongful Judicial Acts in Investment Treaty Arbitration
5. Denial of Justice and Violation of Due Process
6. Supervisory Function of Domestic Courts over International Commercial Arbitration
7. Coercive Measures of the Judiciary Against the Investor
8. Conclusion
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