arbitration, even where no judgement has been made regarding the application of those laws to the case at hand …

investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …

(partly) answer investment law's legitimacy crisis by influencing changes in arbitral reasoning so that investment arbitration …-known disagreements persist over the relevant audience for investment arbitration, the task of building widely-perceived legitimacy …

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 …