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 …

Arbitration has been the most sought after option not merely in domesticarbitration, but also that of international … arbitration. Moreover, with theboom of international trade, more disputes have arisen, with most partiesopting for arbitration for … dispute resolution. There is a growing reference ofdisputes of International Commercial Arbitration to …

approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …

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 …