Yesterday Dr Kate Parlett gave a talk to the staff of the Legal Secretariat of ICSID at the World Bank in Washington DC. Kate presented on the role of customary international law in ICSID arbitration, in the light of recent decisions of ICSID tribunals indicating that self-standing claims based on customary law might be brought by investors under investment treaties and investment contracts.
The issues canvassed in Kate’s talk are addressed in a recent article by Kate, which examines the recent ICSID decisions on claims under customary international law. By reference to the decided cases, the article examines the extent to which claims under customary international law might fall within the scope of jurisdiction of an ICSID tribunal. Those claims might cover customary international law protections relating to foreign investment, but might also be expanded to cover claims under customary human rights law or environmental protection. Kate’s article is forthcoming in the ICSID Review (http://icsidreview.oxfordjournals.org/content/31/2/434.full.pdf+html) under the title: “Claims under customary international law in ICSID arbitration”.
Kate practices in public international law and investment arbitration. She frequently represents States and investors in investment treaty arbitrations, under the ICSID and UNCITRAL Rules, and has particular expertise in advising on issues of public international law arising in the context of investment disputes.