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The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes
Legal theory suggests that the rule of law is only the rule of law if it is consistently applied so as to be predictable.2 In common law jurisdictions, predictability is guaranteed by judicial systems through their reliance on precedent (stare decisis) and in civil law traditions through a de facto...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867614225496539136 |
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| access_status_str | Open Access |
| author | Mbonigaba, Laurent |
| author2 | Rycrofy, Alan |
| author_browse | Mbonigaba, Laurent Rycrofy, Alan |
| author_facet | Rycrofy, Alan Mbonigaba, Laurent |
| author_sort | Mbonigaba, Laurent |
| collection | Thesis |
| description | Legal theory suggests that the rule of law is only the rule of law if it is consistently applied so as to be predictable.2 In common law jurisdictions, predictability is guaranteed by judicial systems through their reliance on precedent (stare decisis) and in civil law traditions through a de facto case Iaw.3 In recent years there has been an increasing number of diverging decisions within the investor-state arbitration system.4 Such discrepancies in the disputes settlement system have the potential to jeopardize the investor-state arbitration system by failing to respond to the expectations of investors and the host states. 5 Besides, a discomfort is felt in the field of international investment arbitration due to the inconsistencies of arbitral awards. Parties to international investment arbitrations have often expressed dissatisfaction with this state of affairs particularly on the lack of an appellate body competent to review investment awards. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43023 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:48:39.811Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43023 The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes Mbonigaba, Laurent Rycrofy, Alan international investment awards disputes Legal theory suggests that the rule of law is only the rule of law if it is consistently applied so as to be predictable.2 In common law jurisdictions, predictability is guaranteed by judicial systems through their reliance on precedent (stare decisis) and in civil law traditions through a de facto case Iaw.3 In recent years there has been an increasing number of diverging decisions within the investor-state arbitration system.4 Such discrepancies in the disputes settlement system have the potential to jeopardize the investor-state arbitration system by failing to respond to the expectations of investors and the host states. 5 Besides, a discomfort is felt in the field of international investment arbitration due to the inconsistencies of arbitral awards. Parties to international investment arbitrations have often expressed dissatisfaction with this state of affairs particularly on the lack of an appellate body competent to review investment awards. 2026-03-19T11:43:33Z 2026-03-19T11:43:33Z 2010 2026-03-19T08:07:50Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43023 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | international investment awards disputes Mbonigaba, Laurent The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes |
| thesis_degree_str | Master's |
| title | The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes |
| title_full | The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes |
| title_fullStr | The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes |
| title_full_unstemmed | The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes |
| title_short | The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes |
| title_sort | need for consistency in international investment abbitration awards a case study of awards rendered under the international centre for settlement of investment disputes |
| topic | international investment awards disputes |
| url | http://hdl.handle.net/11427/43023 |
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