Law Commons^™

Justice And Investment Arbitration, Perry S. Bechky

Perry S. Bechky

Investment arbitration is rife with questions about justice. For example: Is it just to allow foreign investors to bring arbitral claims against states – especially when neither domestic investors nor persons other than investors aggrieved by state actions have any comparable access to arbitration? Do investment tribunals do justice between the parties? Do investment tribunals do justice to nonparties and, especially, the public interest? Are the particular forms and procedures of investment arbitration just?

This talk argues that investment arbitration affords a valuable mechanism for access to justice in a world of often-imperfect national courts. Nevertheless, investment arbitration is open …

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.

All Faculty Scholarship

This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.

This Part of the Essay explores whether an investor-state dispute settlement (ISDS) feature …