This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

This discussion paper elaborates on five serious flaws with proposals for investor-state dispute settlement (ISDS) in proposed Europe-United States and Europe-Canada trade deals known by the acronyms TTIP and CETA. The issues elaborated in the paper are: the unjustified replacement of judges...