Concerns over arbitrator impartiality and independence in ICSID arbitration have led to reform proposals geared towards a multilateral investment court. Due to the ad hoc nature of appointments, it has been suggested that arbitrators may strategically render decisions in biased ways with the...

We examine the impact of foreign investors' ability to challenge allegedly harmful host-country regulations before an international arbitral tribunal under the investor-state dispute settlement (ISDS) provisions included in many international investment agreements. Consistent with widespread...

One of the defining features of international investment law is its enforceability; almost all bilateral investment treaties (“BITs”) in a network of more than 3,200 agreements allow enforcement through investor-state arbitration. Thus, if a host country violates a treaty and harms a...

Paragraph 15(d) of China’s Accession Protocol provides that the provisions of subparagraph 15(a)(ii) shall expire in 2016. Subparagraph 15(a)(ii) permits the importing Member to derogate from a strict comparison with Chinese prices or costs when determining the normal value of the products if...