of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …

The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of … protection rules. The overall thesis is that conceptual challenges faced by investment arbitration may be illuminated by the …

compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …

In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris' claim that Uruguay … (IP). The article explores the concept of ‘public policy' and how IP law, WTO law as well as international investment law …, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The …

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 …

versus export promotion and use the Bagwell and Staiger interpretation of the WTO principle of reciprocity to provide a … political-legal-economic decision on a WTO-consistent counterfactual to use to implement the formula, and iii) the quantitative … methods they use to necessarily construct the (unobserved) WTO-consistent counterfactual. We examine not only the arbitrations …