Abstract

Recent years have brought increased criticism of investment arbitration as a form of dispute settlement. In particular, several high-profile cases concerning renewable investments and environmental counterclaims have provoked much debate about the need for reform and/or alternatives to this method of dispute resolution. However, although there have been increasing numbers of claims or counterclaims based on environmental protection or climate change in other fora, to date, this has not been met with much success in the context of investor-State dispute resolution. This ...