In recent years, the world has witnessed an intense debate on the viability of arbitration for investor-state disputes and various efforts towards the development and refinement of other alternative means of dispute resolution. This article looks at the recent trends and provides an assessment...

As tensions between investors' rights and sovereign power escalate, investor-state dispute settlement has become a focal point of backlash and controversy. As a result, ISDS now embodies two opposing currents in international law: (i) the erosion of sovereignty that accompanied economic...

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...

October 24, 2016 – CETA's investment dispute provisions have become a lightning rod for critics of the trade pact within Europe, but in its current form, the CETA text represents a significant improvement from past trade and investment deals according to a new report from the C.D. Howe...

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...

Controversies about the inclusion of the investment-state dispute settlement (ISDS) mechanism have been dominating the debate surrounding the ongoing negotiations of the Transatlantic Trade and Investment Partnership (TTIP) agreement in many EU countries. The level of social anxiety and the...

The article responds to the critical perspective Kate Miles offers on international investment law in her article “Investor-State Dispute Settlement: Conflict, Convergence, and Future Directions”, published in the European Yearbook of International Economic Law. While sharing several...

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...