This paper examines Canada's accession the ICSID Convention. It also analyses the new bilateral investment treaty entered into in 2006 between Canada and Peru. Issues discussed in this paper include the national treatment clause, the minimum standard of treatment clause (fair and equitable...

The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of...

This paper provides the first-ever detailed analysis of the dispute resolution provisions contained in Japan's burgeoning international investment treaties (BITs and FTAs or EPAs). That development is also located in the context of Japan's inbound and outbound flows in foreign investment and the...

Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally...

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...

The choice for investment arbitration cannot be made without consideration of some relevant factors. The options are usually between the International Centre for Settlement of Investment Disputes (“ICSID”), other institutions or ad-hoc arbitration under the Rules of the United Nations...

The article examines awards of the International Centre for Settlement of Investment Disputes in the case of post-Soviet states. It also demonstrates post-Soviet states' statistics as a respondent in litigations under the ICSID. Among the post-Soviet states Ukraine and Kazakhstan are leaders by...

Australia has successfully defended its first investment treaty claim, brought by Philip Morris Asia Ltd under the bilateral investment treaty between Australia and Hong Kong. As researchers investigate the impact of such claims on treaty design, Australia provides an interesting case study....

In the last decade, the investor-state dispute settlement system has been subject to criticism. It is mainly due to the fact that the standard of protection under investment treaties significantly tips the scales in investors’ favor. Such a tilted protection mechanism has been referred to as...