Collective Action in Investment Arbitration to Enforce Small Claims Justice to the Deprived or Death Knell for the System of Investor-State Arbitration?
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Abstract
This paper deals with whether collective action can be a way to seek justice for small investors or would rather be the "the straw that breaks the camel's back" and damage the system of investment arbitration. The author, first of all, points out the challenges faced by small claimants in bringing an investment arbitration claim against a State, which mostly concern the costs of investment arbitration. With respect to those obstacles, the author then introduces some methods to overcome such challenges, including collective action. Finally, the author suggests that the system of ...