Time in International Law and Arbitration

This chapter offers insight into the often complicated impact of time on jurisdictional and substantive requirements under investment treaties. Issues of temporal jurisdiction versus the temporal scope of substantive provisions continue to divide and at times confuse the reasoning of investment treaty tribunals. A case survey confirms that the principle of non-retroactivity remains sacrosanct, with the exception of composite acts that begin before the effective date of a treaty and conclude after that date. The chapter also comments on certain special scenarios, such as the provisional application of the Energy Charter Treaty, the timing of investments for purposes of jurisdiction, and composite acts arising under both customary international law and the lex specialis represented by the treaty.