2011 Fiscal Year Final Research Report
Exhaustion of Local Remedies in Recent Investment Arbitration : Its Theoretical and Practical Implications
| Project/Area Number |
22730035
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Doshisha University (2011)
Hokkaido University (2010) |
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Principal Investigator |
SAKATA Masao 同志社大学, 法学部, 助教 (30543516)
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| Project Period (FY) |
2010 – 2011
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| Keywords | 国際投資法 / 投資協定仲裁 / 仲裁 / 投資協定 |
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| Research Abstract |
Recently some tribunals have indicated that a violation of investment treaty standards occurs only once some redress has been sought and denied through proceedings in domestic courts. This recent trends of awards depend on the theory in which the need to resort to domestic courts is substantive requirements of investment treaties, and so is not the procedural requirements of traditional rule of exhaustion of local remedies. Problematically, It is not clear what circumstances resort to domestic courts should be required.
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