Practical Considerations for Litigating Investment Arbitration Disputes in Times of Crisis

Christina L. Beharry; Katherine Peiffer

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Chapter 8 Practical Considerations for Litigating Investment Arbitration Disputes in Times of Crisis

In: Time and International Adjudication

Authors:

Christina L. Beharry

Christina L. Beharry
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Katherine Peiffer

Katherine Peiffer
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Type:: Chapter

Pages:: 158–174

DOI:: https://doi.org/10.1163/9789004716377_010

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This chapter provides a practical guide geared predominately towards States that are preparing for or litigating investment arbitration cases during times of crisis. As many States experienced during the recent Covid-19 pandemic, global or even national crises can have a meaningful impact on how an investment arbitration dispute plays out. This can be the result of several factors, including practical considerations like travel restrictions or the diversion and reprioritization of resources, but regardless of the reason, States must adapt when faced with a crisis in a way that investors may not. States must concomitantly monitor closely how their reaction to crises affects foreign investment, given that investors may bring future claims in relation to State actions that negatively impact their investment. Investment arbitration claims arising out of financial, geo-political or health crises are evidence of this. In exploring these themes, this chapter, which aims to provide a practical perspective on how to navigate these situations, is organized according to the different phases of an investment arbitration proceeding.

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Time and International Adjudication

The Temporal Factor in Proceedings before International Courts and Tribunals

E-Book ISBN:: 9789004716377

Publisher:: Brill | Nijhoff

Print Publication Date:: 09 Dec 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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Chapter 8 Practical Considerations for Litigating Investment Arbitration Disputes in Times of Crisis

Citation Info

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Time and International Adjudication

The Temporal Factor in Proceedings before International Courts and Tribunals

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