Scope and Standards of Review

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print August 2008 | ISBN: 9780199552146
Published online January 2009 | e-ISBN: 9780191711558 | DOI:

Series: Oxford Monographs in International Law

 Scope and Standards of Review

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This chapter reviews the notion of ‘investment’ in contemporary treaties to demonstrate that the system affords to arbitrators a broad jurisdiction over a wide range of sovereign acts. It argues that the treaties typically apply broadly framed standards of review by looking at three key standards — national treatment, the minimum standard of treatment, and compensation for expropriation — which reveal the interpretive and governmental discretion that is delegated to arbitrators. The aim here is not to demarcate precisely the boundaries of arbitrator authority or the meaning of particular standards, but merely to show that within those boundaries a wide expanse of regulatory activity is subject to intensive review.

Keywords: investment treaty arbitration; arbitrator authority; national treatment; standards of treatment; expropriation; fair and equitable treatment; minimum standard of treatment; definition of investment

Chapter.  14081 words. 

Subjects: Public International Law

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