A Role for Precedent in the Determination of the Standard of Review Applicable by Investment Arbitral Tribunals? A Case Study of ect-based Energy Disputes Against Spain

Abstract The present article enquires whether arbitral “precedent” plays any part in the identification of applicable standard review by tribunals. It does so surveying a selected sample awards that displayed remarkable degree uniformity and might have encouraged tribunals to resort previous case law when applying specific review. This consists regulatory disputes initiated against Spain for alleged violations fair equitable provided Article 10(1) Energy Charter Treaty. initially gives an account relevance doctrine role precedent international investment arbitration. then moves investigate possibility has served as legal basis determining appropriate Spain. Based on analysis Spanish cases, finally elaborates general terms.