Open AccessTesting the Limits of Jurisdiction in Investor-State Arbitration in Svalbard’s Waters: Peteris Pildegovics and SIA North Star v. Kingdom of Norway
Author(s) -
Valentin Schatz
Publication year - 2021
Publication title -
arctic review on law and politics
Language(s) - English
Resource type - Journals
eISSN - 2387-4562
pISSN - 1891-6252
DOI - 10.23865/arctic.v12.3372
Subject(s) - jurisdiction , arbitration , settlement (finance) , state (computer science) , enforcement , fishing , investment (military) , law , political science , investor state dispute settlement , business , international investment , politics , foreign direct investment , finance , algorithm , computer science , payment
On 1 April 2020, the Latvian fishing company SIA North Star and its owner Peteris Pildegovics initiated an investor-State arbitration against Norway (Peteris Pildegovics and SIA North Star v. Kingdom of Norway) at the International Centre for Settlement of Investment Disputes (ICSID). This case is not only Norway’s first ever ICSID case, but also the first publicly known investor-State arbitration in which an operator of a fishing vessel has brought a claim against a coastal State for allegedly unlawful exercise of prescriptive and enforcement jurisdiction in relation to fisheries. The case raises intricate questions concerning the limits of jurisdiction ratione materiae and jurisdiction ratione personae of investment tribunals.