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A rethink of investor-state dispute settlement

Citation: Maniruzzaman, A.F.M. (2013) A rethink of investor-state dispute settlement. Amicus Curiae, 2013 (93). pp. 14-16.

Professor A F M Maniruzzaman considers the impact of a spectacular growth of investor-state dispute resolution by arbitration over the last two decades, looking at issues raised by excessive investor-state arbitral awards with wider implications beyond the field of arbitration itself, such as concerns about the role of arbitrators vis-à-vis the respondent state’s public interest in regulating various matters including environmental protection, low-carbon investments, social and human rights; dire economic consequences flowing from arbitrators’ decisions who lack in democratic legitimacy of a domestic or international judicial institution; and inconsistency in arbitral interpretation of investment treaty obligations, hence unpredictability in arbitral decisions on similar or identical issues.

Additional Information: Law
Creators: Maniruzzaman, A.F.M. and
Keywords: Arbitration and award, International law, Dispute settlement, Investor-state arbitration
  • 2013 ()


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