In recent years investor-state arbitration has become ubiquitous. Foreign investors who believe the states hosting …-state arbitration back much further — nearly a century further — to a long forgotten but nonetheless fascinating dispute between the … Emperor of France. The arbitration is fascinating, in part, because the Company's claim of mistreatment has a strikingly …

compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …

States government in a North American Free Trade Agreement (NAFTA) Chapter 11 arbitration over the Keystone XL pipeline. At … Essay situates the TransCanada arbitration within the history of investment arbitration, highlighting recent collisions … between arbitral regimes and the modern regulatory state. After briefly discussing the history of investment arbitration, we …

States by SOEs have been submitted to investor-State arbitration. Such claims raise the issue of whether, for purposes of … determining standing as ‘investors' in investment arbitration, tribunals should apply the same analysis to State-owned and …

investment. Although today the prevalence for the resolution of investment disputes has shifted to investment arbitration … investment disputes through state-to-state arbitration under investment treaties. Second, that diplomatic protection under …

unconditional positive. And in the context of investment arbitration, there are reasons why we may believe that the conditions for … consistency to be a good thing are actually not met: in investment arbitration the pursuit of consistency may well do more harm …

In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris' claim that Uruguay …, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The …

International investment arbitration can be said to be built on a great asymmetry: on the one hand, foreign investors … are endowed with a set of significant rights, most notably the right to initiate disputes before arbitration tribunals; on … article assesses whether the in-built asymmetry of investor-state arbitration runs counter to the rule of law. Clarifying the …

The choice for investment arbitration cannot be made without consideration of some relevant factors. The options are …-hoc arbitration under the Rules of the United Nations Commission on Trade and International Law (“UNCITRAL Rules”). The other … institutions and ad-hoc arbitration are conveniently referred to as ‘Non-ICSID'. This essay interrogates the question of whether to …