The Rise of Investor-State Arbitration: Rethinking Key Moments

Activity: Talk or presentation typesInvited talk


University of Oxford, Public International Law Discussion Group event.

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Abstract: What explains the rise of investor-state arbitration? To the extent that investor-state arbitration had founding fathers, what were their motivations, what constraints did they have, what was their thinking? Using documents from the American, British, German, and Swiss archives, this talk will revisit three moments: the initial vision for a standalone arbitration convention (the ICSID Convention), European governments’ decisions to add consent to arbitration into their investment treaties, and America’s late embrace of investor-state arbitration. Revisiting these moments with internal documents suggests a need to rethink conventional narratives about who and what drove the development of investor-state arbitration.
Period23 May 2019
Held atUniversity of Oxford, United Kingdom