Gaspar Szilagyi, S (2020) Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes. The Law and Practice of International Courts and Tribunals, 18 (3). pp. 389-415.

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Abstract

This overview illustrates that there is a gap in our knowledge of how domestic courts handle investorstate disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating investment treaty arbitration. Subject matter-wise these cases are very diverse, and not all of them are initiated by investors against the host State. Moreover, in the four countries analysed, investors often appealed to the highest courts of the land, but they lost more cases than they won. These findings should help UNCITRAL Working Group III conceptualize the meaning of ‘investor-state dispute’ and the relationship between domestic and international methods of ISDS. It concludes by inviting further empirical research to understand how domestic courts handle investor-state disputes. This in turn can help us develop normative arguments as to why domestic courts should be included in the reform process.

Item Type: Article
Additional Information: This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Brill Academic Publishers at https://doi.org/10.1163/15718034-12341410 - please refer to any applicable terms of use of the publisher.
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 19 Nov 2019 11:37
Last Modified: 04 Mar 2020 10:34
URI: https://eprints.keele.ac.uk/id/eprint/7250

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