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A Guide to State Succession in International Investment Law

Patrick Dumberry

A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
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Chapter 6: BIT ARBITRATION CASES INVOLVING STATE SUCCESSION ISSUES

Patrick Dumberry

Extract

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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