Challenging investment-treaty arbitral awards in domestic courts on account of investor misconduct

Development summary

Martin Jarrett’s article in Arbitration International addresses how allegations of investor misconduct are advanced by States before domestic courts in investment-treaty arbitration. It surveys States’ challenges to investment-treaty awards, tracks their successes and failures, and maps the emerging case law; the abstract’s bottom line is that domestic courts are seldom receptive to such allegations and that the developing jurisprudence tends to favour investors.