Magnifier Search

Browse by Topics

This part of the site allows you to browse through the Digest as you might the table of contents of a book concerning international investment law.

Expand the headlines below by clicking on them until you find the statement you are looking for. While hovering a headline, you can also click the icon to the right in order to display the statements within this headline sorted chronologically.

Please keep in mind that the Digest of International Investment Jurisprudence is still a community preview. Not all decisions have been prepared and analyzed yet and thus the information may be incomplete. Learn more about the project.

International Minimum Standard / The Law of Aliens
See also: International Law Rules Applicable to IITs
International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
See also: Wide Dispute Settlement Clauses
See also: Applicable Law / Choice of Law Clauses
System of Precedents
Relationship of an IIT to Other Treaties
General Remarks
IITs and the Law of the European Union
Relationship of an IIT to Concession Contracts
See also: Contract and Treaty Claims
Relationship of an IIT to Customary International Law
See also: International Minimum Standard / The Law of Aliens
Relationship of an IIT to General Principles of International Law
Estoppel
Act of State Doctrine
Abuse of Process
Good Faith
Further Problems
Further Problems
Relationship of IITs to Domestic Law
See also: Consent to Arbitration Based on National Legislation
See also: Investment “In Accordance With the Legislation”
See also: Contract and Treaty Claims
See also: Applicable Law / Choice of Law Clauses
Applicability of Domestic Law / Renvoi
Supremacy of Public International Law
Law of Treaties
See also: Vienna Convention on the Law of Treaties
See also: Retroactive application - ratione temporis
Conclusion of Treaties / Entry into Force
Rules of Interpretation
Regarding the problem of self-judging provisions, see also: Exception Clauses
Interpretation Rules of the Vienna Convention on the Law of Treaties (VCLT) as Reflecting Customary International Law
Object and Purpose as a Rule of Interpretation
Interpretation in the Context of the Treaty
Special Rules of Interpretation
Further Problems
Further Problems
Law of State Responsibility
See also: Damages and Interest
Attribution of Acts
General Remarks
Attribution of Acts by Organs / Provinces / Municipalities
Attribution of Acts by State Entities
Attribution of Acts by the Judiciary
Circumstances Precluding Wrongfulness
See also: Relevance of National Law
Restitution and Compensation
See also: Damages and Interest
Protection of Investors under IITs
Character of IITs
Applicability of IITs
General Remarks
Ratione Materiae – Definition of Investment
See also: Two-Part Test of Investment Under the ICSID Convention
The Concept of "Investment"
General Remarks
Claims to Money
Arbitral Awards and Right to Arbitration
Shares
Contracts
Investment “In the Territory”
Investment “In Accordance With the Legislation”
Approval of the Investment
Further Problems
Ratione Personae – Protected Investors
Natural Persons
Decisive Factors of Nationality
Burden of Proof / Evidence of Nationality
Dual Nationality
Protection Based on Permanent Place of Residence
Juridical Persons
Ratione Temporis – Application in Time
State Conduct as a ‘Measure’ Violating the Treaty
Expropriation and Standards of Protection
Expropriation
Scope of Protection
See also: Ratione Materiae - Definition of Investment
General Requirements of an Expropriatory Act
Degree of Interference
Duration of Interference
Further Problems
Direct Expropriation
Indirect Expropriation / Regulations
Right to Regulate
Determining Whether a Regulation Constitutes an Indirect Expropriation
Further Problems
Measures Tantamount to Expropriation
Legality of an Expropriation
See also: Relationship of Damages and Compensation for Expropriation
Fair and Equitable Treatment
Relationship to Public International Law
Character and Scope
Discretion of the State
Case Groups
Denial of Justice
Transparency
Legitimate Expectations
Further Cases
Arbitrary and Discriminatory Measures
Full Protection and Security
Customary International Law Standard of Protection and Security
Character and Scope
Further Problems
Compensation for Losses in Times of War, National Emergencies etc. Including Necessity Considerations
National Treatment
General Remarks
Scope of Protection – Local and Foreign Investors in Like Circumstances
Distinction Between Local and Foreign Investors
Justification of Distinction
Most-Favoured-Nation Treatment (MFN)
See also: Article 1103 NAFTA
General Remarks
Application to dispute settlement clauses
Umbrella Clause
General Remarks
Umbrella Clauses and Questions of Attribution of Contracts
Performance Requirements
Effective means of asserting claims
See also: Denial of Justice
Relationship of Standards of Protection Within a Single IIT
Preservation of Rights Clauses
Dispute Settlement Clauses
See also: Application of Most-Favoured-Nation-Clauses to Dispute Settlement
Character of Investor-State Arbitration Clauses
Waiting Clauses / Duty to Attempt Settlement Before Arbitration
Character of Waiting Clauses
Starting Date and Formal Requirements Triggering the Waiting Period
Consequences of Failure to Observe the Waiting Period
Exhaustion of Local Remedies Clauses
Fork in the Road Clauses
See also: Waiver of Rights under an IIT
Clauses Precluding International Arbitration Where National Proceedings Have Already Been Initiated
Application of Clauses Concerning Dispute Settlement Mechanisms Foreseen in Investment Agreements
Wide Dispute Settlement Clauses
Choice of Law Clauses
The Problem of Parallel Proceedings in Cases Where There is no Explicit Clause Avoiding Such Situations
Article 25 (2)(b) ICSID Convention-Clauses
Waiver Clauses
Further Problems
Exception Clauses
Applicable Law / Choice of Law Clauses
See also: Article 1131 NAFTA
See also: Article 42 ICSID Convention
See also: Relationship of IITs to Other Sources of International Law
See also: Article 33 UNCITRAL Rules
Waiver of Rights Under an IIT
Further Problems
Contract and Treaty Claims
See also: Investment Contracts
See also: Waiver of Rights Under an IIT
Distinction of Contract and Treaty Claims
Impact of Contract Claims on IIT Claims
Investment Contracts
See also: Waiver of Rights Under an IIT
See also: Contract and Treaty Claims
Investment Treaty Arbitration
See also: Dispute Settlement Clauses
See also: Applicable Law
General Remarks
Distinction Between Jurisdiction and Admissibility
Jurisdiction
See also: Most-Favoured-Nation Treatment (MFN)
See also: Article 25 ICSID Convention
See also: Article 21 UNCITRAL Rules
Consent by the Parties
The Tribunal's Rights and Duties
Interpreting Provisions Concerning Jurisdiction
Further Problems
Admissibility
Admissibility – Examination Ex Officio
Lis Pendens / Parallel Proceedings
Res Judicata / Ne Bis In Idem
See also: Rule 55 ICSID Arbitration Rules
Prima Facie Case
Stay of Proceedings as a Consequence of a Lack of Admissibility
Further Problems
Correct Respondent
Correct Claimant
Procedural Questions
Arbitrating in the Absence of the Respondent
Rules of Evidence
Burden of Proof
Further Problems
Decisions
Counterclaims
See also: Article 46 ICSID Convention
See also: Rule 40 ICSID Arbitration Rules
Costs
See also: Article 40 UNCITRAL Arbitration Rules
General Remarks
Costs in Case of a Settlement
Further Problems
Damages and Interest
See also: Law of State Responsibility
General Remarks
Forms of Damages
Causation
Basis for Calculating Damages
Interest
Explicit Rules on Interest
Interest Absent Explicit Rules
Date From Which Interest Should be Granted
Relationship of Damages and Compensation for Expropriation
Further Problems
Challenge and Review
See also: Article 52 ICSID Convention
Enforcement
See also: Article 53 ICSID Convention
See also: Article 54 ICSID Convention