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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2020

The Non-Disputing State Party in Investment Arbitration

The Non-Disputing State Party in Investment Arbitration

An Interested Player or the Third Man Out?

(p.565) 34 The Non-Disputing State Party in Investment Arbitration
Practising Virtue

Loretta Malintoppi

Hussein Haeri

Oxford University Press

This chapter deals with the role of the non-disputing state party in the various stages of an investment treaty relationship and posits some tentative conclusions regarding their limits. The chapter is organized as follows. First, it addresses the prominent role that the non-disputing state party can play together with host states in the interpretation of investment treaties and the mechanisms whereby they can do so together. Second, it discusses the ways in which the non-disputing state party can attempt submissions regarding treaty interpretation to investor-state arbitral tribunals. Third, it reviews the mechanism whereby the non-disputing state party can commence state-state arbitration through compromissory clauses, which are commonplace in investment treaties, where a dispute with the host state exists on a matter of treaty interpretation or application. Finally, the chapter addresses the central role that the non-disputing state party can play in facilitating the enforcement of arbitral awards rendered in favour of their investors.

Keywords:   investment treaty arbitration, non-disputing state party, investor-state arbitral tribunals, compromissory clauses, rewards, state-state arbitration

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