The majority of investment treaty arbitrations have been brought under the ICSID Convention (approximately 53 per cent), with the seat not being a concern in the context of such delocalised arbitrations.
However, for the remaining 47 per cent of non-ICSID investment treaty arbitrations, the choice of seat will have as much significance as for commercial arbitrations.
Yet all too often, the choice of seat in investment treaty arbitration is treated as an afterthought and is driven by logistical considerations.
In this article for The Investment Treaty Arbitration Review, Partner Evgeniya Rubinina discusses the critical importance of choosing a seat in investment arbitration.