Akademik Veri Yönetim Sistemi
Legal Mali Hukuk Dergisi, cilt.17, sa.203, ss.2791-2822, 2021 (Hakemli Dergi)
It is quite usual for states to offer some privileges to foreign investors in an effort to attract their investment. A part of this offer usually includes states’ consent to arbitrate their disputes with the investors before an international arbitration tribunal. If this consent is formulated in an arbitration clause in a manner that grants locus standi only to investors, states’ right to resort to arbitration or their ability to raise counterclaims against investors’ claims is at risk. On the other hand, many scholars indicated their concerns about the alleged injustice this risk poses on states.