The use of investment treaty arbitration to decide public law raises concerns about judicial independence and impartiality. These concerns arise from the absence of institutional safeguards of independence that are otherwise present in public law adjudication at the domestic or international...

It is demonstrated that the signed (but not ratified) Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) is novel and, in key respects, non-reciprocal in favour of China. For example, the FIPPA would provide a general right of market access by Chinese investors to Canada...

The study examines arbitrator behaviour in the uniquely context of investment treaty arbitration. It employs the method of content analysis to test hypotheses of systemic bias in the resolution of jurisdictional issues in investment treaty law. Unlike earlier studies, the study examines trends...

In this paper, we report findings on whether trade and investment agreements that allow for investor-state dispute settlement (ISDS) contribute to regulatory chill. The study focused on whether ISDS contributed to changes in internal vetting of government decisions related to environmental...

Drawing on the case brought against El Salvador by Pacific Rim, the author examines the tension in international investment law between encouraging stability and allowing adaptation to new circumstances and raises a number of resulting concerns about the international arbitration process.

Investment treaty arbitration appears to be a boy's club. Just 4% of individuals appointed as arbitrators in known cases to May 2010 were women. This casts doubt on the system's ad hoc and partly-privatized appointments process. A roster-based model would enable a more deliberative and...

This Perspective summarizes recent research on how investment treaty arbitrators have used their power to review sovereigns. It suggests a need for more scrutiny of arbitrators' performance by other actors, such as national associations of legislators or judges.

The Canada-China BIT requires Canada to open its economy to Chinese investors, while allowing China to retain a closed economy and to keep discriminating against Canadian investors. The treaty also facilitates confidential settlements and sacrifices a longstanding safeguard for Canada's...