The Creeping Expropriation in Investment Arbitration and Protection of Foreign Investment

A kind of taking of property done indirectly, gradually and during the time and finally deprives foreign investors of his ownership rights is called “creeping expropriation”. This kind of expropriation is formed by various actions of host states that none of them be an expropriation solely but their collective consequence is deprivation of owner from his ownership rights. So, this kind of expropriation could be predicted and verified hardly and consequently protection of foreign investors against it’s very different forms is realy chalengeable. This articles tries to consider the notion of creeping expropriation in arbitration case law and answering the question that what criteria and terms are be used by arbitration tribunals to diagnose creeping expropriation. And also it should be observed how can protect foreign investment against creeping expropriation. At the end we can see interantional arbitration case law has stablished specified criteria for recognition of creeping expropriation and simultainously international envestment law has various capacities and contexts in order to protect foreign investors against such expropriations.