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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Time in International Law and Arbitration

Time in International Law and Arbitration

The Chess Clock No Longer Works

Chapter:
(p.584) 35 Time in International Law and Arbitration
Source:
Practising Virtue
Author(s):

Francisco Orrego Vicuña

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0036

This chapter offers insight into the often complicated impact of time on jurisdictional and substantive requirements under investment treaties. Issues of temporal jurisdiction versus the temporal scope of substantive provisions continue to divide and at times confuse the reasoning of investment treaty tribunals. A case survey confirms that the principle of non-retroactivity remains sacrosanct, with the exception of composite acts that begin before the effective date of a treaty and conclude after that date. The chapter also comments on certain special scenarios, such as the provisional application of the Energy Charter Treaty, the timing of investments for purposes of jurisdiction, and composite acts arising under both customary international law and the lex specialis represented by the treaty.

Keywords:   investment treaty arbitration, temporal jurisdiction, investment treaties, Energy Charter Treaty

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