The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes

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dc.contributor.advisorRycrofy, Alan
dc.contributor.authorMbonigaba, Laurent
dc.date.accessioned2026-03-19T11:43:33Z
dc.date.available2026-03-19T11:43:33Z
dc.date.issued2010
dc.date.updated2026-03-19T08:07:50Z
dc.description.abstractLegal 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.
dc.identifier.apacitationMbonigaba, L. (2010). <i>The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes</i>. (). University of Cape Town ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/43023en_ZA
dc.identifier.chicagocitationMbonigaba, Laurent. <i>"The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes."</i> ., University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010. http://hdl.handle.net/11427/43023en_ZA
dc.identifier.citationMbonigaba, L. 2010. The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes. . University of Cape Town ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/43023en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mbonigaba, Laurent AB - 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. DA - 2010 DB - OpenUCT DP - University of Cape Town KW - international investment KW - awards KW - disputes LK - https://open.uct.ac.za PB - University of Cape Town PY - 2010 T1 - The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes TI - The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes UR - http://hdl.handle.net/11427/43023 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/43023
dc.identifier.vancouvercitationMbonigaba L. The need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes. []. University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/43023en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentCentre for Law and Society
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectinternational investment
dc.subjectawards
dc.subjectdisputes
dc.titleThe need for consistency in International Investment abbitration awards: a case study of awards rendered under the international centre for settlement of investment disputes
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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