Executive Summary

Investor-State arbitration, designed in part to facilitate economic liberalism by promoting cross border investment, presents a clear threat to an economic nationalist's agenda. It is no surprise then that governments adopting such an agenda have taken several steps to attempt to neuter the investor-State arbitration system, including by withdrawing from existing investment treaties or renegotiating treaties to offer narrower protections to investors and less investor-friendly dispute resolution provisions. But while investor-State arbitration may be under attack by the rising ...