Applicable Law, Customary international law, ICSID, ICSID Arbitration, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS
Customary International Law Claims in Contract-based Arbitration
Without the rights and protections of a treaty, a foreign investor who suffers a wrongful act at the hands of a host State traditionally has no legal standing to pursue an international claim against that State.1) Case Concerning the Barcelona Traction, Light & Power Company Limited (Belgium v Spain) (Second Phase) [1970] ICJ Rep 3,…