Investment Arbitration

Authors: Henrique Carneiro* Jurisdiction: International     Topics: Umbrella Clauses Investment Arbitration   Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the word “obligation” or “commitment” in international investment treaty umbrella clauses. The plain text of such clauses seems, at first glance, […]

Empirics-Based Umbrella Clause Interpretation

Authors: Harshvardhan Tripathi* Jurisdiction: International     Topics: Judicial Expropriation Investment Arbitration     Introduction While expropriation claims arising out of governmental abuse of legislative and executive powers are commonly known, expropriation claims arising from judicial abuse i.e. ‘judicial’ expropriation continues to be an obscure area of international investment law. […]

Judicial Expropriation in Investment Arbitration: Opening a Can of Worms?