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The Modern System of Investor-State Arbitration
2019Abstract This chapter examines the modern system of investor-state arbitration. The International Centre for the Settlement of Investment Disputes (ICSID), created pursuant to Article 1 of the ICSID Convention, has come to play a central role in the new system of investor-state arbitration.
Borzu Sabahi, Noah Rubins, Don Wallace
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On Genealogy of Proposals to Reform Investor-State Arbitration [PDF]
Transnational Dispute Management, 2014 Investor-State arbitration cases involving public interest regulation have been understood as struggles between advocates of the free movement of investment capital, such as multinational corporations, and environmental or human rights interest groups.
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Investor-state arbitration policy and practice in Australia
2017Australia has 21 bilateral investment treaties (BITs) in force, signed over 1998-2005 mostly with developing or middle-income countries (especially in Asia and Eastern Europe) and all containing ISDS protections, albeit with arguably very limited scope for many treaties signed through to 2002.
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Compensation and Restitution in Investor-State Arbitration
2011This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case.
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Proportionality and Deference in Investor-State Arbitration
2015In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deference in investment tribunals' decision-making in comparative ...
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