Chapter 6: BIT ARBITRATION CASES INVOLVING STATE SUCCESSION ISSUES
Chapter 6 provides a critical analysis of investment arbitration case law involving BITs in the context of State succession. It examines all existing cases in the context of the dissolutions of Czechoslovakia and Yugoslavia and the break-up of the USSR. The main part of the analysis will focus on the Sanum v. Laos case in the context of the cession of the territory of Macao to China in 1999. The award rendered by the arbitral tribunal and the judgments of the Singapore High Court and the Singapore Court of Appeal have for the first time comprehensively addressed a number of important issues in relation to succession to BITs. Finally, I will examine a number of legal issues in the field of international investment law arising from the annexation of Crimea by Russia and, specifically, pending arbitration cases involving the application of the Russia-Ukraine BIT.
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