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 arbitration decisions should exert. These diverging opinions result from …

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 … arbitration as a substantive right of investors amounts to law-making, effected by requalifying procedural rules as substantive …

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …

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 procedures between the roles in arbitration: arbitrator (distinguishing between …

This article examines issues related to the role of experts—legal, technical and valuation—in investment arbitration …