Introduction

[Winner of the 2019 Burton Awards] The question of whether investor-state arbitration is broken, which this author posed in a 2012 article, is being increasingly answered with a resounding "yes," and no longer just by a few countries in Asia, Africa and Latin America, the traditional victims of claims that contracting states under investment treaties never imagined possible when they signed up for investor-state dispute settlement ("ISDS") mechanisms. In recent years, India, Indonesia, South Africa, Bolivia, Ecuador and Venezuela have all taken steps to terminate ...