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Judicial Acts and Investment Treaty Arbitration

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Part of Cambridge International Trade and Economic Law

  • Date Published: August 2019
  • availability: Available
  • format: Paperback
  • isbn: 9781316648209

$ 34.99 (C)

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About the Authors
  • 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.

    • Introduces a holistic understanding of state responsibility for judicial acts in the investment arbitration context which will help readers to ascertain the procedural and substantive nature of the legal issues involved
    • Provides an exhaustive analysis of the investment arbitration case law on this particular subject, enabling a good comprehension of the interpretation adopted by investment tribunals in approaching such claims to date
    • Blends theory with practice, demonstrating how theory can actually fit in argumentation by parties, as well as in decision-making by tribunals
    Read more


    • Winner (for dissertation), 2017 Institute Prize Laureate, Institute of World Business Law, International Chamber of Commerce (ICC)

    Reviews & endorsements

    ‘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

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    Product details

    • Date Published: August 2019
    • format: Paperback
    • isbn: 9781316648209
    • dimensions: 230 x 152 x 15 mm
    • weight: 0.5kg
    • availability: Available
  • Table of Contents

    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.

  • Author

    Berk Demirkol, Galatasaray Üniversitesi, Istanbul
    Berk Demirkol is a lecturer at the University of Galatasaray, Istanbul, and founder of Demirkol Consultancy in London. He is also the author of the 2014 book Law Applicable to Contracts under Turkish Private International Law (in Turkish). He is registered to the Istanbul Bar, and was named as the Laureate of the 2017 edition of the ICC Institute Prize for this book.


    • Winner (for dissertation), 2017 Institute Prize Laureate, Institute of World Business Law, International Chamber of Commerce (ICC)

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