Investor State Arbitration

Launched in November 2014, this project is addressing a central policy issue of contemporary international investment protection law: is investor-state arbitration suitable between developed liberal democratic countries?

The project will seek to establish how many agreements exist or are planned between economically developed liberal democracies. It will review legal and policy reactions to investor-state arbitrations taking place within these countries and summarize the substantive grounds upon which claims are being made and their impact on public policy making by governments.

The project will review, critically assess and critique arguments made in favour and against the growing use of investor-state arbitration — paying particular attention to Canada, the European Union, Japan, Korea, the United States and Australia, where governments and legal establishments have come out against investor-state arbitration. The project will examine the argument that investor-state disputes are best left to the national courts in the subject jurisdiction. It will also examine whether domestic law in the countries examined gives the foreign investor rights of action before the domestic courts against the government equivalent to those provided by contemporary investment protection agreements.

DRAFT PAPERS: Conference participants should click here to download a .zip file of the draft papers for the conference on September 25, 2015, in Ottawa. Opening the files will require the password provided upon conference registration.

Click here to see a draft agenda for the September 25 conference.

Click here to download the PowerPoint presentations from the September 25 conference.