Pro-Investor or Pro-State Bias in Investment-Treaty Arbitration? Forthcoming Study Gives Cause for Concern

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News Article

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Debates about investment treaties often raise questions about fairness and independence in international investment arbitration. Some observers argue that investment arbitration offers a neutral and impartial forum in which to resolve investor-state disputes as a basis for protecting foreign-owned assets and ensuring the rule of law. Others claim that the arbitration mechanism favours investors and Western capital-exporting states at the expense of respondent governments, especially in the developing world. Overall, principles of fairness and independence are integral to the legitimizing role of international arbitration.

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Investement Treaty News