Anti-Arbitration Injunctions in Cases Involving Investor-State Arbitration: British Caribbean Bank Ltd. v. The Government of Belize
University of Missouri School of Law
December 12, 2013
15 Journal of World Investment Law and Trade 2014, Forthcoming
University of Missouri School of Law Legal Studies Research Paper No. 2013-32
Over the last few years, the international legal community has become increasingly interested in anti-arbitration injunctions. Although very few courts have actually addressed this issue, the Caribbean Court of Justice (CCJ) recently considered an anti-arbitration injunction in British Caribbean Bank Ltd. v. The Government of Belize. This comment outlines the parameters of the decision and evaluates the ramifications of certain key elements, including the recognition that courts have a limited but undeniable ability to issue anti-arbitration injunctions, statements that BIT arbitrations are inherently contractual in nature, and the CCJ’s basic understanding of the international investment regime.
Keywords: Anti-arbitration injunctions, investor-state arbitration, investment arbitration, bilateral investment treaty, Elektrim S.A. v. Vivendi Universal S.A.Accepted Paper Series
Date posted: December 12, 2013
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