This paper presents the experiences of Central Europe with investment arbitration. The European Union’s Central European member states are the litmus test of the policy issues within the investor-state arbitration system. The paper explores the Central European treaty and policy landscape and analyzes investment protection issues pertaining to the region (intra-EU bilateral investment treaties, non-expropriation cases concerning national regulatory sovereignty, the fairness of national court or administrative proceedings and the exercise of contractual rights).

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Launched in November 2014, this project addresses a central policy issue of contemporary international investment protection law: is investor-state arbitration (ISA) suitable between developed liberal democratic countries? The project 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 ISA between developed democracies — paying particular attention to Canada, the European Union, Japan, Korea, the United States and Australia, where civil society groups and academic critics have come out against ISA.