Investment Treaty Cases Arising Out of Construction Disputes - Threshold Issues and Recent Case law

Cazuri de arbitraj investiţional ce izvorăsc din dispute în construcţii - condiţii şi jurisprudenţă recentă

Alexandru-Nicolae CĂLIN, LL.M.

ABSTRACT

This article explores the intersection between international investment law and construction disputes, focusing on the threshold issues that determine whether a dispute in the construction sector qualifies as an investment treaty case, and how these issues have developed in recent case law.

The article firstly examines the meaning and conditions of the notions of "qualifying investor" and "qualifying investment", drawing on the language of bilateral and multilateral investment treaties, as well as the ICSID Convention. Regarding each of the two notions, the article delves into more specific issues that have been commonly raised in previous construction investment treaty cases, such as incorporation in the host state or state-ownership, as well as...