Despite the non-binding nature of investment arbitration decisions beyond the circle of disputing-parties, arbitration tribunals rely on earlier decisions ‘whenever they can'. However, arbitration practice shows that opinions diverge when it comes to deciding how much influence those earlier...

Arbitrators in investment treaty arbitration have not been reluctant to express their views on the access to international arbitration, provided for in dispute settlement clauses in investment treaties, as forming a part of substantive investor protection. The present paper aims at answering the...

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...

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...

This article examines issues related to the role of experts—legal, technical and valuation—in investment arbitration. Specifically, the article examines the lack of standards in existing rules to assess the credibility of expert opinions—particularly technical and quantum opinions. The...