As to the allegation that the investors had not exhausted local remedies before commencing their claim, the High Court gave consideration to general principles of public international law and, in particular, the guidance contained in the International Law Commission's Draft Articles on Diplomatic Protection. (globalarbitrationnews.com)
The claim was inadmissible — the investors had to exhaust local remedies before bringing a claim, but had failed to do so. (globalarbitrationnews.com)
For example, as opposed to investor - state dispute settlement a requirement to exhaust local remedies could be established akin to the requirement before ECHR claims can be brought by individuals before the European Court of Human Rights. (europeanlawblog.eu)