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Transparency in Investor State Arbitration
Journal of International Arbitration, 2016International trade and investment agreements have become the most recent battleground for the apparently conflicting views the arbitration community and civil society have on confidentiality and transparency. This article aims to clarify the debate and, exploring the concept of confidentiality in international commercial arbitration, explain the ...
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Is Investor-State Arbitration Publicc?
SSRN Electronic Journal, 2016The essay critiques prevailing descriptions of investor-state arbitration (ISDS) that see this mechanism as a form of ‘public’ adjudication requiring exclusively ‘public law’ reforms going forward, culminating in, as the European Union has recently suggested in the course of negotiations for the investment chapter of the Trans-Atlantic Partnership, its
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The Creation of Investor–State Arbitration
SSRN Electronic Journal, 2020Abstract This chapter explores the creation of investor–state arbitration. There is no shortage of antecedents for investor–state arbitration. So why is it perceived as ‘dramatically different’ from what had gone before? In the second half of the twentieth century, consent to investor–state arbitration was provided prospectively (before ...
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Proportionality in Investor-State Arbitration
2015AbstractWhile international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests.
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TAX DISPUTES IN INVESTOR-STATE ARBITRATION
2020This thesis examines tax disputes adjudicated by investor-state tribunals. I argue that the nature of taxation – a compulsory levy – is unlike any other state regulatory measure such as an environmental or a public health measure. I suggest that tax-related investment disputes constitute a unique category of foreign investment disputes, and that ...
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Domestic Politics and Investor–State Arbitration
2022Abstract This chapter examines the argument that domestic political contestation contributes to state actors choosing to pursue policy objectives at the expense of investors’ interests. Following in the tradition of international political economy work on trade, this chapter looks at the contribution of domestic interest groups and ...
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State Capacity and Investor–State Arbitration
2022Abstract This chapter examines the argument that investor–state disputes are caused by a lack of bureaucratic capacity in the host states, based on the managerial approach to treaty compliance as well as recent work on the role of bounded rationality in the development of the investment treaty regime.
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Investor-State Disputes:What Works Beyond Arbitration?
BCDR International Arbitration Review, 2019Given the criticism addressed towards international arbitration to settle investor-state disputes, it is necessary to explore alternatives.The most prominent one is mediation which presents many advantageous features centered around preserving and nurturing the relationship between the state and the investor.
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Transparency in Investor–State Arbitration
2021N Jansen Calamita, Ewa Zelazna
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The Rise of Investor-State Arbitration
2018Today, investor–state arbitration embodies the worst fears of those concerned about runaway globalization—a far cry from its framers’ intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor–state arbitration,
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