Reforming International Investment Arbitration: An Introduction

Authors

• Chiara Giorgetti, University of Richmond - School of LawFollow
• Laura Létourneau-Tremblay, University of Oslo
• Daniel Behn, Queen Mary University of London School of Law
• Malcolm Langford, University of Oslo

Abstract

For over a decade, investor-state dispute settlement (ISDS) has suffered a so-called legitimacy crisis. Critics have argued that ISDS is pro-investor, biased against developing countries, beset by incoherent jurisprudence and plagued by a lack of transparency and excessive costs and compensation. While the system has its defenders, ISDS continues to attract controversy. Nine out of ten of the over 2,600 international investment agreements permit arbitral claims by foreign investors against states, and the number of cases has surged to well over one thousand with a significant number challenging directly the regulatory powers of states. Thus, while ISDS has emerged as a clear dispute resolution tool of choice, it has also become a lightning rod for critique. ...

Document Type

Article

Publication Date

2020

Recommended Citation

Chiara Giorgetti et al., Reforming International Investment Arbitration: An Introduction, 18 L. & Prac. Int'l Cts. & Trib. 303 (2020).