Human Rights and Investment Arbitration – Fields of Interaction

The aim of this paper is to identify and analyze legal issues arising between human rights and investment arbitration. Those two legal regimes seem to remain completely unrelated, however, they sometimes interact with each other, what implies a number of significant legal problems. For example, a foreign investor may interfere human rights of host state’s citizens. Also, a host state man be unable to fulfill its legal obligations regarding human rights due to the necessity to protect foreign investment as agreed in BIT. It remains unclear whether it is justified to invoke arguments regarding human rights in arbitration proceedings. It is also debatable which legal regime should prevail in case of conflict between them. The research hypothesis is that interaction between human rights and investment arbitration do exist. The identification the fields of this interaction would ensure the ultimate scope of human rights protection in different stages of investment arbitration proceedings.