This chapter touches on several issues which arise when the activity (or inactivity) of domestic courts becomes an issue in investment arbitration.1 Several of the subjects have attracted the attention of Christoph Schreuer in the past. This little token of gratitude attempts to propose some amateur musings, no more. The behaviour of domestic courts is an activity of the State and subject to the same review under international law as the behaviour of any other organ of the State. Whether an act of parliament, a ministerial decree, or a court judgment violates...
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