Introduction

[Winner of the 2013 Burton Awards] Is Investor-State Arbitration Broken? The short answer is yes. The reasons are many. A few years ago I went over some of these same issues in an article discussing whether there was a level playing field in investor-state arbitration. The conclusion was that there was a serious problem of the perception of bias in the system, if not actual bias. Given the developments since then in this burgeoning area of practice, this seemed to be the right time to take another look to gauge how much has changed and whether the change has been in the ...