Applicable Law in Investment Treaty Arbitration

With regard to investment treaty arbitration, a major stumbling block continues to be the determination of applicable law, due to the very nature of investment protection governed by a myriad of different treaties. Stefan Riegler, Emmanuel Kaufman and Borna Dejanovic (partner, counsel and senior associate respectively at Wolf Theiss) address this very matter in Chapter 9 of the second edition of the GAR Guide to Investment Treaty Protection and Enforcement, “Applicable Law in Investment Treaty Arbitration”. Read on to learn more on the three main sources of law in investment treaty arbitration: investment treaties, general international law and municipal law, how tribunals resolve conflicts of law in investment arbitration proceedings and the potential consequences of tribunals failing to accurately identify and apply the relevant law(s).

This article was first published on Global Arbitration Review in December 2023; for a further in-depth analysis, please visit GAR The Guide to Investment Treaty Protection and Enforcement.