Legitimate Expectations in Investment Treaty Arbitration: An Unclear Future?

Abstract:     
The dangers of the excesses of legitimate expectations as a public law doctrine are exposed when it is applied to investment treaty arbitration. Current jurisprudence makes a strong case for restraint by arbitrators. However, recent decisions, have only paid lip-service to deference to sovereignty of states, as the EDF v. Romania decision shows.

Number of Pages in PDF File: 22

Keywords: Investment Treaty Arbitration, Legitimate Expectations, Public Law, Deference, Arbitrators

JEL Classification: K33, K23, K40, K41

working papers series