Alexander J. Bělohlávek

Law applicable to claims asserted in international investment disputes

Purpose – This article aims to deal with international investment disputes, with a focus on the nature of the law applicable to the merits of such disputes.Design/methodology/approach – The procedure for determining the law applicable in investment disputes, the phases of determination and the impact thereof on the applicable law were analyzed. The diagonality of the disputes and its impact on the law applicable to the merits from the perspective of the interaction between national and international law were also analyzed. Further, the authors focused on the nature of the host states breach of obligations towards the investor anchored in the investment treaty, and the effect thereof on the law applicable to the merits. In this respect, the notion of the investment itself was analyzed according to the relevant BITs and MITs. Finally, the authors analyzed the applicability of the Ordre Public concept to investment disputes.Findings – The study provided practical demonstrations and examples of choice of law...