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Human Rights in International Investment Law and Arbitration$
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Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

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Is the European Court of Human Rights an Alternative to Investor-State Arbitration?

Is the European Court of Human Rights an Alternative to Investor-State Arbitration?

Chapter:
(p.219) 11 Is the European Court of Human Rights an Alternative to Investor-State Arbitration?
Source:
Human Rights in International Investment Law and Arbitration
Author(s):

Ursula Kriebaum

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199578184.003.0011

This chapter discusses to what extent the EctHR can replace or complement international arbitration bodies, and under what conditions investors can and should file their claim at the ECtHR rather than at the traditional bodies for the settlement of investment disputes. The analysis focuses on a variety of indicators concerning jurisdiction and merits. By means of its judicial protection of property rights and ‘possessions’, the ECtHR already operates as one among many other European bodies responsible for the settlement of investment disputes. Resorting to the ECtHR can also entail significant disadvantages for investors, such as the lack of protection of indirect damages, the procedural requirement to first exhaust local remedies, and the risk of an only partial compensation. The chapter concludes that the ECtHR is no real alternative, but rather a remedy of second and last resort complement to traditional arbitral investment tribunals for investors.

Keywords:   ECtHR, international arbitration bodies, investment disputes, indirect damages, partial compensation

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