This article is part of the master thesis “Dispute Settlement after Sovereign Debt Defaults: A Forum Menu for Holdout Creditors”. The article analyses issues that holdout creditors should take into account when initiating arbitral proceedings before an international investment tribunal,...

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...

Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms...

Amicus curiae is a developing feature of modern international investment arbitration. This chapter starts by describing how investment arbitration shifted from a confidentiality-based practice to a model that is more open to the participation of civil society. It then proceeds to discuss the...

Introduction / Chien-Huei Wu and Frank Gaenssmantel -- Managing International Economic Relations through Diplomacy and Law : Towards a Framework for Understanding External Policies of the European Union / Frank Gaenssmantel and Chien-Huei Wu -- Judicial Diplomacy? : The Role of the CJEU in...

The UK has made major contributions to the development of investor-state dispute settlement from 1920-2020. This essay shows that the UK contributed in three ways (1) law-making, both before and after the launch of its investment treaty programme in the early 1970s; (2) dispute settlement –...

This article is divided into five parts, including this brief introduction and an equally brief conclusion in Parts I and V, respectively. Part II examines the specific ways to interpret, amend and terminate international investment agreements indicating how they are unique as well as similar to...

This article argues that significant improvements in the quality and consistency of decision-making in investor-state arbitration can be achieved without taking such drastic (and possibly unachievable) steps as creating a global appellate body or standing international investment court, or...