Pro-Investor or Pro-State Bias in Investment-Treaty Arbitration? Forthcoming Study Gives Cause for Concern
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.
Investement Treaty News
Van Harten, Gus, "Pro-Investor or Pro-State Bias in Investment-Treaty Arbitration? Forthcoming Study Gives Cause for Concern" (2012). Editorials and Commentaries. 136.