Title

Improving investor-state dispute resolution in international investment agreements: The US Supreme Court adds fuel to fire

Publication Type

Journal Article

Publication Date

6-2015

Abstract

In BG Group v Argentina, the American Supreme Court upheld an arbitral award rendered by arbitrators in favor of an investor who had bypassed the applicable dispute resolution procedures in the bilateral investment treaty. Instead of applying the Vienna Convention on the Law of Treaties which was the applicable law, the Court upheld the use of American law rules of interpretation applicable to private commercial contracts. This decision refocuses attention of the defects of investor-state dispute resolution systems and the pro-investor bias of arbitrators.

Keywords

ISDS, investment treaties, Argentina, Vienna Convention Law of Treaties, local remedies, arbitrator bias, consent to arbitration, Arbitrator Jurisdiction, UNCITRAL Arbitration, Convention Award

Discipline

Dispute Resolution and Arbitration | International Trade Law

Research Areas

Dispute Resolution

Publication

Journal of International and Comparative Law

Volume

2

Issue

1

First Page

141

Last Page

171

ISSN

1535-1785

Publisher

Chicago-Kent College of Law

This document is currently not available here.

Share

COinS