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...

Under what conditions are countries most (least) likely to become involved in international investment disputes? Building on the premise that this question cannot be addressed without reference to the incentives facing political leaders, this study develops a theory emphasizing the domestic...

This Essay considers the perplexingly paradoxical demand that states be virtually removed from investor-state dispute settlement (ISDS). It also briefly considers the various critiques of, and possible reforms or adjustments to, existing ISDS systems, particularly those related to the right of...

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...

The Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (T-TIP) are both slated to contain investor protections similar to those contained in the North Atlantic Free Trade Agreement (NAFTA). These measures, as included in NAFTA, allowed businesses to seek...

This new book is the first to focus on the interaction between international investment law and other systems of international law. It takes a giant step towards determining a hierarchy of conflicting treaty norms, and establishing a legitimacy threshold for the investor-State arbitral...

The ability of foreign investors to choose international arbitration as a dispute resolution mechanism can create significant problems. Lack of coherence and discrimination regarding regulation can arise from the resolution of substantive issues, whereas concerns about transparency and fairness...

Taken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament's INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law.In a...