Do We Need Investment Arbitration?
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Introduction
Investment protection in general and investment arbitration in particular are often portrayed as one-sided and as serving the interest of investors who mostly represent big business. In actual fact, the procedural rights granted to foreign investors in our current system of investment law represent a balanced system that serves the interest of host states as well as investors. For the investor, the risks of investing in a foreign country are considerable and quite different from those of a trader. Investment disputes, unlike trade disputes, are usually highly individualised. An ...