Judicial Acts and Investment Treaty Arbitration

Berk Demirkol is a lecturer at the University of Galatasaray, Istanbul, and founder of Demirkol Consultancy in London. He is also the author of the 2014 book Law Applicable to Contracts under Turkish Private International Law (in Turkish). He is registered to the Istanbul Bar, and was named as the Laureate of the 2017 edition of the ICC Institute Prize for this book.

• 1. International state responsibility for judicial acts under general international law; 2. International protection with respect to wrongful judicial acts in investment treaty arbitration; 3. Completeness of the breach and exhaustion of local remedies as a substantive requirement; 4. Redressing wrongful judicial acts in investment treaty arbitration; 5. Denial of justice and violation of due process; 6. Supervisory function of domestic courts over international commercial arbitration; 7. Coercive measures of the judiciary against the investor; 8. Conclusion.

'Hard questions of international law and policy are raised when state responsibility for conduct of organs that exercise judicial functions is implemented through investor-state arbitration. Berk Demirkol's monograph stands next to Paulsson's Denial of Justice as indispensable reading for everybody contemplating these matters.' Martins Paparinskis, University College London