Public lecture: Invocation of responsibility and the legal nature of investment treaty arbitration

Place: Riga Graduate School of Law, Strēlnieku iela 4k-2, Wallenberg Building, W42, Riga
Time: 5 Sep 2011 14:00 - 16:00
Working language: English

The Riga Graduate School of Law and law firm SORAINEN invited everyone interested to a public lecture on "Invocation of responsibility and the legal nature of investment treaty arbitration: historical lessons and contemporary relevance" that took place on 5 September at 14.00 at RGSL premises. The lecture was led by the SORAINEN Latvian office specialist counsel and Junior Research Fellow at Merton College, University of Oxford, Dr Mārtiņš Paparinskis.

The developments of the recent decades in investment treaty arbitration have raised a number of questions of both practical importance for particular proceedings and theoretical interest for international law in general. The seemingly basic question about the legal nature of investment treaty arbitration is perhaps one of the most important: essentially, should one consider investor-State arbitration to be an exercise of invocation of State responsibility, and (if the answer is positive) does the investor act as a beneficiary of the obligation or as an agent of its home State?

The presentation was exploring both the historical perspective and the contemporary relevance of the legal classification of the nature of investment treaty arbitration. In particular, the possible lessons of other legal regimes permitting individual access were considered, and the practical implications regarding waiver of claims by investors, interpretation of investment treaties, settlement of claims by home State and the application of countermeasures by host States were sketched. 

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