International Investment Law ♦ Article 64 Va. J. Int’l L. 475 (2024)

Concurrent Investor-State Claims Before Domestic Courts and Investment Treaty Arbitration Tribunals: Philip Morris, Vattenfall and Beyond

LUKE NOTTAGE & ROBERT STENDEL

When a host state discriminates or otherwise treats a foreign investor illegally, under substantive commitments made (usually nowadays under an investment treaty concluded with the investor’s home state), the investor not infrequently brings an investor-state dispute settlement (ISDS) arbitration claim against the host state. What does or should happen when the foreign investor brings a concurrent claim before the domestic courts of the host state?