TAX TREATY ARBITRATION

Rationalizing Costs in Investment Treaty Arbitration

Asymmetric FDI and Tax-Treaty Bargaining: Theory and Evidence

Tax treaties are often viewed as a mechanism for eliminating tax competition, however this approach ignores the need for bargaining over the treaty’s terms. This paper focuses on how bargaining can affect the withholding taxes set under the treaty. In a simple framework, we develop hypotheses about patterns in treaty tax rates. A key determinant for these patterns is the relative size of bilate...

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...

Constitutional Treaty Between Problem - Solving Treaty and Rights - Based Constitution