The chapter challenges claims about depoliticization in two different aspects. The first examined claim is that home states are disenfranchised from pursuing investment claims once they are lodged with ICSID. Is it the case that home states simply stay home? This chapter examines instances where...

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...

The five contributions in this legal working paper discuss various aspects of investment arbitration. They were originally presented at the ECB legal colloquium on ‘The new challenges raised by investment arbitration for the EU legal order’ which took place in Frankfurt am Main in 2019.

This article considers a range of procedural defences argued by state parties in investment treaty arbitration proceedings. These defences are based upon the co-existence of obligations that bind Contracting Parties to the Treaty on the European Union (‘TEU') signed at Maastricht in 1992 and...

This article evaluates the opportunities for and challenges to the establishment of an advisory center on international investment law (‘ACIIL'), a legal aid facility designed off the successful Advisory Centre on WTO Law (‘ACWL') but focused on investor-State dispute settlement (‘ISDS')....

As a result of the 2010 sovereign debt crisis and the subsequent restructuring operations, bondholders have pursued different dispute resolution strategies. Litigation before US courts has proved to be a viable option, as demonstrated by Argentine cases. State court litigation, however, is not...