Looking to the Future: Three "Hot Topics" for Investment Treaty Arbitration in the Next Ten Years
Article from: TDM 4 (2013), in Ten years of Transnational Dispute Management (TDM)
As TDM marks its tenth anniversary, the landscape of investment treaty arbitration in 2013 is very different from 2003. In 2003, the practice was in its infancy with only 34 reported awards. Now there have been over 168. As a result of those awards, a number of issues that were the subject of scholarly debate in 2003, such as the meaning of "investment" or "national", are now settled within comprehensible parameters. However, in 2013, scholars and practitioners are being presented with a host of new issues to debate. Are mass claims permissible within the ICSID framework? How ...