The issue that I have chosen to address is whether Bilateral Investment Treaties ("BITs") and Free Trade Agreements ("FTAs") are drafted with sufficient clarity to give guidance to arbitral tribunals. I will say at the very outset that, in my view, the answer to this question is a resounding...

This paper exams two mega-regional FTAs under negotiation at the time of writing, namely the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership, and exams what the implications may be - particularly of new rules in regulatory sectors hitherto untouched by...

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...

The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration,...