This article considers the application of the general exceptions of the WTO GATT and GATS to investment arbitration under international investment treaties. It suggests that the designated categories and balancing contemplated by the WTO exceptions, along with its sophisticated and established...

This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil...

This article applies a new methodology for the assessment of environmental risk prevention expenditure to the adjudication process of international investment arbitration. The Disproportion Factor Model can be implemented by investment arbitration tribunals to evaluate the reasonableness of...

This article considers the application of the behavioural economics theory of loss aversion bias as an explanation for observed approaches to monetary compensation in Investor-State Dispute Settlement (ISDS). Beginning with a critique of the assessment that damages for breach of contract (both...

This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than...

This article discusses several new alternative dispute resolution (‘ADR') mechanisms that intend to address complaints from stakeholder groups that may suffer as a consequence of foreign direct investment (‘FDI'). ADR methods such as mediation are well suited to resolving international...