Investment arbitration and armed conflict—international investment law asks; international humanitarian law answers
Journal: Arbitration International
Year: 2025

Abstract This article assesses critically investment treaty arbitration (ITA) awards that have arisen out of disturbances and armed conflicts. A detailed analysis of these ITA awards reveals that, although international humanitarian law (IHL) applies alongside international investment law (IIL) in times of armed conflict, tribunals have largely ignored IHL-related considerations in their deliberations in relevant ITAs. Given the likelihood that ITAs resulting from armed conflict will continue to