Judicial Acts and Investment Treaty Arbitration

Berk Demirkol

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English

Cambridge University Press
08 August 2019

Investment treaties & disputes; International arbitration

Series: Cambridge International Trade and Economic Law

Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

By: Berk Demirkol
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 230mm, Width: 152mm, Spine: 15mm
Weight: 500g
ISBN: 9781316648209
ISBN 10: 1316648206
Series: Cambridge International Trade and Economic Law
Pages: 290
Publication Date: 08 August 2019
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1. International state responsibility for judicial acts under general international law; 2. International protection with respect to wrongful judicial acts in investment treaty arbitration; 3. Completeness of the breach and exhaustion of local remedies as a substantive requirement; 4. Redressing wrongful judicial acts in investment treaty arbitration; 5. Denial of justice and violation of due process; 6. Supervisory function of domestic courts over international commercial arbitration; 7. Coercive measures of the judiciary against the investor; 8. Conclusion.

Berk Demirkol is a lecturer at the University of Galatasaray, Istanbul, and founder of Demirkol Consultancy in London. He is also the author of the 2014 book Law Applicable to Contracts under Turkish Private International Law (in Turkish). He is registered to the Istanbul Bar, and was named as the Laureate of the 2017 edition of the ICC Institute Prize for this book.

Reviews for Judicial Acts and Investment Treaty Arbitration

'Hard questions of international law and policy are raised when State responsibility for conduct of organs that exercise judicial functions is implemented through investor-State arbitration. Berk Demirkol's monograph stands next to Paulsson's Denial of Justice as indispensable reading for everybody contemplating these matters.' Martins Paparinskis, University College London `Hard questions of international law and policy are raised when State responsibility for conduct of organs that exercise judicial functions is implemented through investor-State arbitration. Berk Demirkol's monograph stands next to Paulsson's Denial of Justice as indispensable reading for everybody contemplating these matters.' Martins Paparinskis, University College London