around the world. But while a significant number of major recent treaties contain such express provisions, most investment … binding or non-binding on investment arbitration tribunals. The paper concludes with brief consideration of possible criteria …

of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …

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

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 …

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 …