Judicial Acts and Investment Treaty Arbitration

A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

Berk Demirkol (Author)

9781107198463, Cambridge University Press

Hardback, published 11 January 2018

290 pages
23.5 x 15.6 x 1.9 cm, 0.55 kg

'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

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.

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.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International arbitration [LBHT], Investment treaties & disputes [LBBM3], International economic & trade law [LBBM], Treaties & other sources of international law [LBBC]