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Investor-State Dispute Settlement and Disputed Territories
by Dr. Mamadou Hebie

Chaired by Dr Meagan Wong

The purported annexation by the Russian Federation of Crimea in 2014, and the investment arbitration cases that followed, brought to the limelight the difficult legal issues that may arise concerning the settlement of investor-state cases relating to disputed territories or maritime areas. How can the international rule of law be enforced in such cases? In this lecture, Dr. Mamadou Hébié argues that the Crimea-scenario is but one of the various scenarios in which investment cases may concern disputed territories. Accordingly, he maintains that careful distinctions should be kept in mind when assessing the jurisdiction of investment tribunals and issues of admissibility in these cases. Concerning jurisdictional matters, he draws attention to the variety of wording of territorial clauses in investment treaties and calls for taking also into account the date of conclusion of the relevant investment treaty as compared to the critical date of the investment dispute. With respect to the admissibility of investment claims, Dr. Hebie doubts that the indispensable third-party rule may be applied in relation to investment arbitration cases concerning disputed territories. Nevertheless, to maintain the integrity of the arbitral process, arbitrators and arbitration institutions should be careful not to entertain investment disputes regarding the natural resources of another State or people.

Nov 14, 2022 06:00 PM in London

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