Improving investor-state dispute resolution in international investment agreements: The US Supreme Court adds fuel to fire

Improving investor-state dispute resolution in international investment agreements: The US Supreme Court adds fuel to fire

In BG Group v Argentina, the American Supreme Court upheld an arbitral award rendered by arbitrators in favor of an investor who had bypassed the applicable dispute resolution procedures in the bilateral investment treaty. Instead of applying the Vienna Convention on the Law of Treaties which was th...

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Bibliographic Details
Main Author: PULLE, Austin Ignatius
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2015
Subjects:
ISDS
investment treaties
Argentina
Vienna Convention Law of Treaties
local remedies
arbitrator bias
consent to arbitration
Arbitrator Jurisdiction
UNCITRAL Arbitration
Convention Award
Dispute Resolution and Arbitration
International Trade Law
Online Access:https://ink.library.smu.edu.sg/sol_research/2326
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Institution: Singapore Management University
Language: English
Description
Summary:In BG Group v Argentina, the American Supreme Court upheld an arbitral award rendered by arbitrators in favor of an investor who had bypassed the applicable dispute resolution procedures in the bilateral investment treaty. Instead of applying the Vienna Convention on the Law of Treaties which was the applicable law, the Court upheld the use of American law rules of interpretation applicable to private commercial contracts. This decision refocuses attention of the defects of investor-state dispute resolution systems and the pro-investor bias of arbitrators.

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