Summary

This article addresses several questions of importance to investors and States when evaluating the risks and benefits of arbitrating investor-state treaty disputes at the World Bank's International Centre for Settlement of Investment Disputes ("ICSID"). When a State has agreed, in a bilateral investment treaty, to resolve treaty-based claims by arbitration at ICSID, does the State-as a matter of treaty law-have the right to assert closely related counterclaims against an investor that accepts the State's consent to such arbitration? Does the answer depend on whether the investment treaty ...