
Author: Iliya Rachkov
Keywords: foreign investments; international investment arbitration; international investment disputes; international treaties on mutual promotion and protection of foreign investments
The article deals with the question in which cases the state hosting foreign investments gave its consent to the resolution of its disputes with foreign investors by international arbitration tribunals. In particular, the answer to these questions may be found in a contract of the host state with the investor, national law of the host state or an international treaty between the host state and the state of the investor’s nationality. States should circumscribe very clearly the scope of their consent in an appropriate instrument that contains such consent.