The private law view on investor liability in investor treaty arbitration

PluriCourts Lunch Seminar with Max Usynin.

The presentation forms part of the broader PhD research project on the regulation of investor behavior in international investment law. The project investigates the mechanisms aimed at the deterrence of negative and the promotion of positive practices among foreign investors by means of international investment law.

The presentation will focus on the existing mechanisms of investor liability. According to the main argument, one can conceptualize investor liability as a combination of two regimes: a reduced or forfeited arbitral award or a claim/counterclaim for affirmative damages. The presentation will further question whether private law sources and analogies could serve as regulatory guidance for arbitral tribunals and the ongoing investment treaty reform.

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PluriCourt Seminars are a forum for pluridisciplinary discussion of core issues relating to international courts and tribunals. PluriCourts scholars or invited speakers present new and ongoing research or comment on current questions. The seminars are open to everyone.

Published Feb. 5, 2019 10:30 AM - Last modified Feb. 5, 2019 3:52 PM