La influencia de la jurisprudencia de la Corte Internacional de Justicia en la práctica de los tribunales arbitrales del CIADI

Abstract

The role played by the case law of the International Court of Justice in the context of investment arbitration has usually been underestimated, especially considering that the system established by the ICSID is often viewed as a self-contained regime of dispute settlement. This paper takes an opposite approach, and focuses on the analysis of the way in which ICSID arbitral tribunals have expressed a significant openness to this kind of external decisions, making use of decisions of the International Court of Justice in the process of interpretation and application of the specific rules governing the settlement of investment disputes.