This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate...

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

Contractual joint ventures, sometimes also called as "consortiums", where several participants, without creating a new entity, unite their personal efforts and material resources with a view of achieving a certain common goal, remain a popular organizational form of large-scale international...

The trend towards use of third-party funding (TPF) for litigation financing is increasingly affecting international investor state dispute settlement (ISDS) as well. Explicit regulation of TPF in existing international investment agreements as well as in extant ISDS jurisdiction is still rare....

Consistency in decision-making is generally considered to be a good thing. It is largely considered to be a paradigm of good decision-making. Investment arbitrators often rely on this idea to cite prior cases (precedents, in a non-technical meaning), and follow some of them. But is consistency...

1. The meaning of 'investment' in the ICSID Convention -- 2. The legal impact of notifications under Article 25(4) of the ICSID Convention -- 3. The role of an investment arbitrator and the use of non-binding documents and literature in investment arbitration -- 4. The minimum standard of...