Global Legal Update (#01-02 January-February 2016)

Investor-State Claims with Respect to the Acts of Judiciary

The acts of national courts become the subject matter of the investor-state arbitration in four of the most typical categories of claims depending on which international law standard is invoked:

— denial of justice claim;

— claim on breach by the judiciary of the fair and equitable treatment (FET);

— claim on breach by the judiciary of the effective means standard;

— claim on judicial expropriation...

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