Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party...

This paper argues that the UNCITRAL is in a privileged position to lead an effort — along with other international organizations, public and private stakeholders — to conduct a thorough analysis of the challenges raised by the growing interaction between international investment treaties and...

This chapter examines the present-day level of transparency in European trade and investment negotiations. It argues that the level of transparency adopted by the European Commission, while open to improvement, is already quite satisfactory. The current practice strikes a sensible balance...

Amicus curiae is a developing feature of modern international investment arbitration. This chapter starts by describing how investment arbitration shifted from a confidentiality-based practice to a model that is more open to the participation of civil society. It then proceeds to discuss the...