In the last decade, the investor-state dispute settlement system has been subject to criticism. It is mainly due to the fact that the standard of protection under investment treaties significantly tips the scales in investors’ favor. Such a tilted protection mechanism has been referred to as...

During the nineties, an important group of Latin American and the Caribbean (LAC) countries adhered to the International Center for Settlement of Investment Disputes (ICSID) as part of a program of measures that sought to attract foreign investment to the region. Using a dataset of 161 concluded...

This paper considers the availability of host state counterclaims in investment arbitration using as a case study Saluka v. The Czech Republic, the first decision under the 1976 UNCITRAL Rules and considered “the most comprehensive consideration of arbitral jurisdiction over counterclaims in...

This thesis examines the implementation issues that the CETA investor-state court system could be experiencing in the future. The investor-state chapter of the agreement between the European Union and Canada relies on the already existing ICSID and New York Convention framework for procedures...

The proper allocation of interpretive authority between states and arbitral tribunals is central to current debates about investment treaty arbitration. States traditionally have given arbitrators broad latitude to interpret and apply international investment agreements. But as states gain...

Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party...

Investment arbitration has long been dominated by a coterie of Western “grand old men.” Is it still? In this paper, we examine the inroads women have made, drawing on a new database of approximately 4000 individuals in investment arbitration. We exploit the variation in appointment...

Following the adoption of the ruling in the Achmea case by the Court of Justice of the European Union on 6 March 2018, the immediate question was whether this particular decision could have the effect of exceeding the framework within which it was rendered. In other words, the question was...