Host-State Counterclaims: A Remedy for Fraud or Corruption in Investment-Treaty Arbitration?
Article from: TDM 3 (2013), in Corruption and Arbitration
The impressive growth of investment treaty arbitration and the almost unanimous acceptance of arbitration as a mechanism for settlement of international disputes have led to talks about the so-called golden age of arbitration. However, not everything in the garden is lovely. There is a clear imbalance with respect to the legal remedies available to the parties. While the investor has clearly moved away from the aged system of diplomatic protection, host-States seem to have been left behind, without any real remedies against abusive or corrupted behaviour on behalf of the investor. This ...