Introduction

In June of 2013 UNCTAD released its IIA Issues Note entitled Reform of Investor State Dispute Settlement: In Search of a Roadmap ("Roadmap"). UNCTAD identified concerns with the current investor state dispute settlement system: lack of legitimacy and transparency, inconsistent and erroneous arbitral decisions, concerns about party appointments and undue incentives and the great cost and time intensity of arbitration. While these concerns have received extensive attention in recent years, the growth of investor state arbitration has continued unabated. In 2012 alone 58 new cases ...