Investors' Illegality in Investor-State Arbitration: An Overview of Some Contentious Issues

Protopsaltis, Panayotis (2017) Investors' Illegality in Investor-State Arbitration: An Overview of Some Contentious Issues. RGNUL Student Research Review. ISSN 2349-8293 (In Press)

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Abstract

Investor-State arbitral tribunals nowadays generally agree that the legality requirement provisions establish an obligation of investors to comply with the laws and regulations of the host country. Furthermore, they seem to agree on the conditions of application of the legality requirement provisions relating to the conduct of the investor (wrongfulness) and of the State (circumstances precluding wrongfulness) that may trigger investors’ responsibility for illegal investments. In contrast, the relevant awards have not been consistent with respect to the yardsticks of illegality and the effects of the illegality on the investor involved. In the first part of this article we will discuss the relevant awards relating to the requirement of compliance with national and international law. In the second part, we will concentrate on the denial of protection of illegal investments and the arguments in favour of the restriction of the tribunals’ power to deny jurisdiction.

Item Type: Article
Uncontrolled Keywords: Investor-State; arbitral tribunals; investors; legality; illegal investments; international law; protection; tribunal; jurisdiction.
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Divisions: Faculty of Business, Law and Social Sciences > School of Law
UoA Collections > REF2021 UoA18: Law
Depositing User: Panayotis Protopsaltis
Date Deposited: 04 Apr 2018 09:22
Last Modified: 31 May 2018 13:47
URI: http://www.open-access.bcu.ac.uk/id/eprint/5752

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