Investment Arbitration, Investment Treaty Interpretation, and Democracy

Rationalizing Costs in Investment Treaty Arbitration

The Impact of Investment Arbitration on Investment Treaty Design: Myth Versus Reality

I. INVESTMENT LAW AND ARBITRATION .......................................................................................... 5 A. The Development of Investment Law and Arbitration....................................................... 5 B. Three Impact Channels ...................................................................................................... 9 1. Investment Arbitration Clau...

State-to-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority

Most investment treaties contain two dispute resolution clauses: one permitting investor-state arbitration for investment disputes and the other permitting state-to-state arbitration for disputes concerning the treaty’s interpretation and/or application. Despite this duality, the potential role of state-to-state arbitration, and its proper relationship with investor-state arbitration, have larg...

International investment agreements and public health: neutralizing a threat through treaty drafting.

The high profile investment claims filed by Philip Morris challenging Uruguayan and Australian measures that restrict advertising and logos on tobacco packaging awakened the public health community to the existence and potential detrimental impact of international investment agreements (IIAs). More recently, Eli Lilly challenged Canada's invalidation of a pharmaceutical patent under an IIA. All...

the effect of "fork in the road" and on jurisdiction of investment treaty arbitral tribunal in foreign investment disputes

fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. while, fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, in waiver clauses, domestic litigation can be followed by treaty arbitration regarding the...