Investment Arbitration as a Tool for Protection Against Expropriation
This ARGA report systematically analyzes investment arbitration as a key international legal mechanism for protecting investors against expropriation. It examines the distinctions between direct and indirect expropriation, conditions for lawful taking, jurisdictional requirements under ICSID and UNCITRAL, as well as issues of compensation and award enforcement. ARGA experts pay particular attention to the boundary between legitimate state regulation and compensable taking, modern procedural transparency requirements, and a practical defense model including treaty mapping, expropriation qualification, and award enforcement strategy.
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