Bilcon v. Canada: A New Paradigm for Causation in Investor-State Arbitration?

Abstract

Simply defined, "causation (and the terms causality, causal analysis and causal inquiry, which will be used interchangeably with the general term) is understood as the process of connecting an act (or omission) with an outcome as cause and effect." Ilias Plakokefalos, Causation in the Law of State Responsibility and the Problem of Overdetermination, 26(2) EUR. J. INT'L L. 471, 472 (2015). More specifically, overdetermination "is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to the injury by the victim and so on) contributing towards a harmful outcome." Id 2 1d at 486. See also id at 472 (holding that "the concept of causation in international law is unclear, especially in relation to overdetermination" and requiring clarification).a A follow-up study by Global Arbitration Review that was published in December 2017 assesses the state of damages awarded in investment treaty arbitration: