A number of international organizations have adopted varying approaches to the promotion of sustainable development in international investment – these range from non-binding principles and guidelines to design options for the integration of sustainable development objectives into...

In allocating costs in investment treaty arbitration, a "loser-pays" principle would incentivize economically-rational behavior by parties, including when deciding whether to bring a claim and/or settle. This principle would promote greater efficiency in investment treaty arbitration.

The EU has presented a proposal to the US for an Investment Court system to resolve investor-state disputes under the Transatlantic Trade and Investment Partnership. This Perspective discusses the lessons that may be taken from the long-established Arab Investment Court in finalizing the design...

The Equal Representation in Arbitration Pledge, which commits its signatories to improving the profile and representation of women in arbitration, is a laudable step toward increased diversity in arbitration. The next step must be to expand the Pledge's scope of application whilst ensuring it...

The UNGPs require governments to ensure that, when human rights abuses occur in the context of business activities within their territory, the victims of such abuses have access to effective remedies. This Perspective suggests how they may do so in an investment context by merging the "BAT"...

The Sustainable Development Goals (SDGs) were established to end extreme poverty, tackle inequality and injustice and safeguard against climate change. This Perspective proposes three ways in which future BITs could be redesigned to ensure respect for SDGs and help minimize any negative impact...