Investment Arbitration’s Precarious Perch: A Jurisprudential Lack of Consensus on Pre-Conditions
Investment arbitration, hailed as a cornerstone of international trade and investment, finds itself embroiled in a critical debate regarding the interpretation and application of pre-conditions to arbitration. This article delves into the heart of this debate, analysing the lack of consensus within the jurisprudence and its implications for the legitimacy and effectiveness of the system. …