"Equality of Arms" in Investment Arbitration: Procedural Challenges
Article from: TDM 1 (2011), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Introduction
[Available as free download] "Equality of arms" is a foundation principle of investment arbitration procedure. A government sued on the basis of an investment treaty, signed to encourage foreign and private investment by promising effective protection, should prosecute its case vigorously but within the framework of the principles of "good faith" arbitration,[1] the applicable arbitration rules, and with respect to "equality of arms." However, such self-restraint is difficult for some governments, particularly if the investment dispute is seen as a domestic political ...