Procedural Requirements in Dispute Settlement Provisions and Application of the MFN Clause in Recent Investment Disputes

(2015) 1 Turkish Commercial Law Review Online 1

8 Pages Posted: 18 Mar 2015

Date Written: March 5, 2015

Abstract

This article analyses whether the ICJ Judgment in Georgia v Russia has contributed to the forming of any new trend in investment treaty arbitration. It first presents the approach adopted by the ICJ as to the characterisation of procedural requirements. Second, the interpretation of such requirements and application of the MFN clause thereon by investment treaty tribunals and dissenting arbitrators are examined to explore the impact of the Georgia v Russia decision on international investment law. Finally, this article brings a critical perspective to certain opinions asserted in recent investment arbitration cases.

Keywords: MFN clauses, consent, admissibility, compulsory litigation requirement, waiting period requirement

Suggested Citation

Cosar Demirkol, Eda, Procedural Requirements in Dispute Settlement Provisions and Application of the MFN Clause in Recent Investment Disputes (March 5, 2015). (2015) 1 Turkish Commercial Law Review Online 1. Available at SSRN: https://ssrn.com/abstract=2579216

Eda Cosar Demirkol (Contact Author)

Graduate Institute, Geneva (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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