This article is purposed to introduce an upcoming research starting in September, 2013 on a complex issue arising in the theory and practice of modern investor-state arbitration. To this end, readers are encouraged to treat this research summary as interactive and to contact the author with...

Bilateral investment treaties (BITs) provide investors in natural resource projects with stability. Specifically, dispute settlement provisions, a feature of most modern BITs, allow investors to make claims against the host state for alleged breaches of the BIT However, some such provisions...

Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.This statistical survey of a large sample of 1,660 bilateral investment...

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...

U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it prompts questions about whether reformation of...

The 'problem' of overlapping international disputes has long vexed scholars and adjudicators. This article addresses an increasingly important form of overlap that has begun to emerge: parallel or successive disputes before the World Trade Organization (WTO) and investor-state arbitral...

The investment treaty arbitral tribunals had experienced a significant rise in the disputes initiated for non-commercial activities, such as environment protection, public health, human rights and labour standards. It has witnessed the increased involvement of civil society as non-disputing...

Within the last decade, there has been an increasingly pronounced engagement of Third World peoples with investment activities. Peoples' acts of resistance have appeared in the jurisprudence of arbitral tribunals and largely threaten the status quo of investment dispute settlement as an...

The concept of ‘necessity’ is used in many legal systems to delimit permissible measures from prohibited measures where such measures negatively affect the regime’s primary values, such as human rights, liberalized trade, and unimpeded use of an investment. International investment...

Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor-state dispute...