Dispute Resolution and Arbitration | Open Access Articles

Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii

Washington and Lee Law Review

No abstract provided.

Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck

Articles in Law Reviews & Other Academic Journals

International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …

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Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment And The Promise Of Economic Development In Host States., Felix O. Okpe

Felix O. Okpe

The omission to define the term ‘investment’ in the ICSID Convention is one of the most critical decisions that have led to the inconsistent jurisprudence and the resulting debate associated with the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term ‘investment’ in ICSID arbitral practice have focused more on whether the scope of the meaning …