“Indirect” Decision: Standard of Review in Michael Anthony Lee-Chin v. Dominican Republic

Abstract

This commentary critically analyses the investment tribunal ruling in Michael Anthony Lee-Chin v. Dominican Republic, described as incorrect by its arbitrator M. Cohen in his dissenting opinion. The article delves into how the tribunal assessed the Dominican Republic’s handling of the health and environmental issues at the Duquesa landfill, the largest in South America. It scrutinises the tribunal’s reasoning against the backdrop of established arbitral practice, particularly concerning national security clauses and standards of review. The concluding section expresses disapproval of the tribunal’s erroneous determinations.