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The standard of review of national court decisions by investment tribunals

Date: 23rd November 2017

Time: 18:00 - 20:00

Venue: Volterra Fietta, 8 Mortimer Street Fitzroy Place, LONDON, W1T 3JJ

Event Details

Time: 18:00-20:00 (Registration from 17:30)

Venue: Volterra Fietta, 8 Mortimer Street, Fitzroy Place, London W1T 3JJ

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Listen to the audio recording

On Thursday, 23 November 2017, the Investment Treaty Forum and Volterra Fietta will host a seminar on "The standard of review of national court decisions by investment tribunals". The seminar will cover a number of topics, touching upon the increasingly frequent ways in which investment tribunals scrutinise, assess, and make use of domestic court decisions.

Public international law has long accepted that a State incurs responsibility for the acts of its judiciary, with the attribution of judicial conduct to the State now reflected in the International Law Commission's Articles on State Responsibility. But can a national court deprive an investor of the use and benefit of its property in a way that amounts to an expropriatory taking?

Investment arbitration tribunals hearing a denial of justice claim must grapple with whether domestic judicial conduct falls below the basic standards of treatment required by public international law. But what are those standards, and how do (or should) tribunals determine them? Have the Neer standard's demands on the sound administration of justice increased over time, including in response to globalisation? What role should the legal, social, political and cultural context play in the assessment of the conduct of its courts? And, importantly, how can tribunals ensure that they do not overreach and improperly assume the traditionally appellate function of reviewing the substantive legality of actions by domestic courts?


  • Suzanne Spears, Volterra Fietta


  • The Rt Hon Sir Stanley Burnton QC, One Essex Court and a former Judge of the Court of Appeal
  • Khawar Qureshi QC, Serle Court
  • Giorgio Francesco Mandelli, Volterra Fietta

Join in the conversation @BIICL #itflaw


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CPD Information

This event offers the equivalent of 2 CPD hours.

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