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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Investor-State Tribunals and National Courts

Investor-State Tribunals and National Courts

A Harmony of Spheres?

(p.292) 17 Investor-State Tribunals and National Courts
Practising Virtue

L Yves Fortier

Oxford University Press

This chapter considers four investment treaty cases in which the interplay of arbitral and judicial power was at issue, and in which arbitrators did not hesitate to wield what they found to be their lawful authority over states, including their judicial organs, under international law. These cases are: Saipem v Bangladesh, ATA v Jordan, Chevron v Ecuador, and White Industries v India. What the cases illustrate is that tribunals in investor-state arbitrations review the conduct of national courts when the latter act (or omit to act) in such a manner as to cause the state of which they are an organ to breach its treaty obligations, effectively overstepping the bounds of their competence. The judicial branch, like other organs of the state, must respect the state’s obligations under international law.

Keywords:   investment treaty cases, investor-state arbitrations, international arbitration, national courts, judicial branch

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