Viñuales: Investor Diligence in Investment Arbitration: An Overview of Sources and Arguments

Jorge E. Viñuales (Univ. of Cambridge - Law) has posted Investor Diligence in Investment Arbitration: An Overview of Sources and Arguments (in General Principles of Law and International Investment Arbitration, Andrea Gattini ed., forthcoming). Here's the abstract:

This chapter analyses the concept of investor diligence and its practical and policy implications for investment arbitration proceedings. It proceeds in two stages. Firstly, the sources of investor diligence are identified and discussed. In this process, I discuss not only (i) the main CSR and SRI instruments but also (ii) the legal techniques to give legal grounding to these and other standards of investor behaviour and, perhaps most importantly, (iii) how investor diligence has featured in investment proceedings at the jurisdictional, admissibility, merits and quantum levels. Secondly, I analyse the implications of mainstreaming investor diligence for three policy questions, namely (i) the debate over investor-State asymmetry in investment protection frameworks, (ii) the distinction between commercial and political risk, and (iii) the use of the legitimate expectations doctrine.