Decisions by arbitral tribunals in investment treaty cases do not have formal precedential status. Yet certain issues recur, and prior decisions at the least provide guidance to later tribunals. The content of the most frequently invoked substantive treaty provisions - the obligations to accord...

It is a buyer's market for foreign investors seeking remedies for wrongs they have allegedly suffered at the hands of host governments. They can usually seek relief in the courts of the host state, but, increasingly, they also have more cosmopolitan options to consider, including investor-state...

TDM CETA Special: The Special Issue contains five main sections, examining key characteristics and innovations of CETA relating to investor-state dispute resolution, state-state dispute resolution, issues of scope and attribution of responsibility to the parties to CETA, the codification of...

The recovery of world investment flows will depend substantially on how the world economy will perform in 2011 and beyond, on how MNEs perceive the risks of investing abroad and on how the regulatory environment for foreign investment evolves. Thus, finding the proper balance between protecting...