Vergabeverfahren im Investitionsschutzrecht

Foreign investments are often preceded by a public tender process. In such situations only the successful bidder may establish an investment project. But when an investor is confronted with unfair treatment, discrimination or intransparent conditions in the tender process, the applicability of international investment protection rules in this early stage of an investment comes into question. The author describes the application of international investment law on tender proceedings in the pre-establishment stage. A comparison of standards of protection in selected international investment and procurement rules illustrates how the characteristics of a tender process may be taken into account.