A Problem in Investor/State Arbitration
Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
Abstract
This article examines the issue of whether international arbitration is a level playing field for host states in investment disputes. There is a growing perception among states that it is not, which is a major reason why some states are reevaluating or withdrawing from investment treaties and ICSID. The perception can no longer simply be ignored, as it calls into question the future of international arbitration as a means of settling such disputes.