Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v. Argentina was widely anticipated and has attracted much...

Decisions by arbitral tribunals in investment treaty cases do not have formal precedential status. Yet certain issues recur, and prior decisions at the least provide guidance to later tribunals. The content of the most frequently invoked substantive treaty provisions - the obligations to accord...

TDM CETA Special: The Special Issue contains five main sections, examining key characteristics and innovations of CETA relating to investor-state dispute resolution, state-state dispute resolution, issues of scope and attribution of responsibility to the parties to CETA, the codification of...