Investor-State Arbitration (1st Edition)
Christopher F Dugan et al.
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Published:
2008
Online ISBN:
9780199360758
Print ISBN:
9780379215441
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Investor-State Arbitration (1st Edition)
Christopher F Dugan et al.
Chapter
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Christopher F Dugan,
Jr Wallace,
Noah Rubins,
Borzu Sabahi
Pages
347–366
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Published:
September 2008
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Dugan, Christopher F, and others, 'Exhaustion of Local Remedies', Investor-State Arbitration, 1st Edition (2008; online edn, Oxford Academic), https://doi.org/10.1093/law:iic/9780379215441.003.0013, accessed 29 July 2024.
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Abstract
This chapter begins with a discussion of the exhaustion of local remedies under customary international law. The requirement of exhaustion of local remedies (or local remedies rule) is a longstanding rule of customary international law that was developed in the context of diplomatic protection. Under this rule, where a state commits an act that injures a foreign person, the victim traditionally must exhaust all the effective domestic legal remedies before its home government can espouse its claim in the exercise of diplomatic protection. The exhaustion of local remedies in investment treaty arbitration and the Loewen case are then discussed.
Keywords: , Customary international law, Exhaustion of local remedies, UNCITRAL Arbitration Rules, Recognition and enforcement, BITs (Bilateral Investment Treaties)
Subject
Arbitration Law of Treaties Settlement of Disputes Public International Law Private International Law and Conflict of Laws International Economic Law International Trade
Collection: Investment Claims
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