Jurisdiction(s):
United Kingdom

Key definition

Investment Treaty Arbitration definition

What does Investment Treaty Arbitration mean? investment treaty arbitration is investor–state dispute settlement (ISDS) in which a foreign investor brings arbitration claims against a respondent state or state entity for alleged breaches of protections in a bilateral investment treaty (BIT) or a multilateral treaty (such as the Energy Charter Treaty). It is a descriptive term used across international practice rather than one defined by UK or Irish legislation or case law. Key features include consent to arbitrate given by the state in the treaty; claims typically alleging breach of fair and equitable treatment, unlawful expropriation, most‑favoured‑nation or national treatment. Proceedings are commonly under the...

Investment treaty arbitration 2022: tracker of key ICSID, UNCITRAL and other institutional awards and jurisdictional decisions (Archived)

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note monitors significant awards and rulings delivered by tribunals in investment treaty arbitration, chiefly those run by the International Centre for the settlement of Investment disputes (ICSID). It also encompasses pertinent awards and decisions arising under the united nations commission on international trade law (UNCITRAL) Arbitration Rules and proceedings overseen by other institutions, including the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC). Determinations of ad hoc Committees in ICSID annulment cases are captured as well. Although investment treaty arbitration has no recognised doctrine of precedent, parties often rely on earlier decisions during their cases and tribunals frequently reference them in their reasoning. This Practice Note is confined to awards and decisions published in 2022, though in some instances they may have been notified to the parties before 2022. The previous tracker is available here: Investment treaty arbitration—2021—key arbitral awards and decisions tracker [Archived].

Note:

the emphasis of this tracker is on awards and milestone determinations concerning, for example, jurisdiction, rather than other procedural orders in...

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Web page updated on 21/05/2026

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