Remedies in Investment Treaty Arbitration


DEMİRKOL B.

JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT, cilt.6, ss.403-426, 2015 (ESCI İndekslerine Giren Dergi) identifier identifier

  • Cilt numarası: 6 Konu: 2
  • Basım Tarihi: 2015
  • Doi Numarası: 10.1093/jnlids/idv012
  • Dergi Adı: JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT
  • Sayfa Sayıları: ss.403-426

Özet

The subject of remedies in investment treaty arbitration is one of the issues that have not been elaborated extensively yet. This article aims to shrink this gap. To find out the remedies that are available in the investment arbitration mechanism and compatible with investment disputes, it first examines the systemic features of investment treaty arbitration (rules, policy considerations, parties' interests) regarding applicable remedies. Then, it focuses on the scope of protection of different kinds of rights held by investors. It emphasizes that investment treaty undertakings do not trigger the application of the same remedies as property and contractual rights do. In the light of these findings, this article attempts to ascertain when remedies such as restitution, cessation of the wrongful act and specific performance are available in investment treaty arbitration.