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Abstract In recent years, several proposals by states to reform or displace investor-state dispute settlement (ISDS) have gained prominence. While many factors shape which support, here we focus on one important, but often overlooked, factor: the ‘insider’ ‘outsider’ status of government officials who formulate states’ proposals. Based five years para-ethnographic observation and interviews wit...

Reiterated since the 1960s by consecutive yet ideologically different federal administrations, Brazilian resistance to international investor-State dispute resolution has been taken for granted in many arbitral circles, especially due a perception that Latin American country adhered Calvo and Drago Doctrines. This paper questions those assumptions as it analyzes neglected awards issued 1916 191...

Abstract It is widely accepted that counterclaims may not be used as a means to exceed the limits of tribunal’s jurisdiction, while they must at same time closely connected other party’s claim. However, in particular context investment arbitration, these two propositions create tension has led problematic and unfair construction investor-State dispute settlement mechanism. This article explores...

This theory testing study investigates the decision-making of the member states in the Dispute Settlement Body of the WTO, using a game theoretical approach. Game theory has its origins in political philosophy and can thus be valuable when analysing the behaviour of states in international regimes. Through using the specific game theory model Stag Hunt, this study aims to examine if such a mode...

The investment treaty regime, unlike other economic regimes, lacks common substantive multilateral rules and depends on countries signing bilateral or plurilateral treaties. As the regime presented a pro-developed country bias, developing countries, especially in Latin America, avoided treaties up to 1980s. Brazil followed this trend did not start an program until late 1990s. However, never ent...

The conflict between international investment law and EU provides fruitful insights into how the arbitral tribunals, acting outside EU’s judicial system, have viewed law. Taking as an example topical questions of principle autonomy well State aid rules in investor-State arbitration, article discusses tribunals seen role they treated opposite demands from two legal regimes. claim rendering intra...