Plea of illegality : Investment Arbitration

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review

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Detail(s)

Original languageEnglish
Title of host publicationMax Planck Encyclopedia of International Procedural Law
Place of PublicationLuxembourg
PublisherOxford University Press
Pages550-578
ISBN (Electronic)9780191872549
Publication statusPublished - 20 Mar 2021

Publication series

NameMax Planck Encyclopedias of International Law

Abstract

Myriads of investment treaties require foreign investments to be made in accordance with or in conformity with the laws and regulations of the host State; this is known as a legality clause (Petersmann, 2019). The purpose of a legality clause is to limit the scope of an international investment agreement’s protection to only those investments that have been made in accordance with the laws of the host State (→ Protected Investment). A treaty’s inclusion of a legality clause or lack thereof may impact a tribunal’s assessment of whether or not to treat legality of an ‘investment’ as an inherent part of the definition of an ‘investment’. Moreover, the issue of → good faith (bona fide) in securing and maintaining the investment is also pertinent to the tribunal’s assessment of the existence of an ‘investment’ (→ Investment Disputes).

Research Area(s)

  • Principle of legality, Admissibility, Arbitration, procedure, Arbitration

Bibliographic Note

Information for this record is supplemented by the author(s) concerned.

Citation Format(s)

Plea of illegality : Investment Arbitration. / CHAISSE, Julien Laurent.

Max Planck Encyclopedia of International Procedural Law. Luxembourg : Oxford University Press, 2021. p. 550-578 (Max Planck Encyclopedias of International Law).

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review