investors, and, albeit based on more limited data, (c) the U.S. as a respondent state over other respondent states. The evidence … investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …

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 …

This paper examines the role of third-party funding (TPF) in international investment arbitration. This can take many … funder, rather than the claimant, bears the expenses involved in the litigation or arbitration. There is little clarity on … the legal aspects of TPF in litigation and arbitration. The position of TPF funders in investment arbitration is even less …

investment arbitration in the determination of whether a host state has complied with its investment protection obligations for …

investment treaty arbitration ought to be characterised as review …

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 …

received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key … criticism levelled at investment treaty arbitration is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …