A rethink of investor-state dispute settlement

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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.
Original languageEnglish
Pages (from-to)14-16
JournalAmicus Curiae
Issue number93
Publication statusPublished - 2013


  • Good Faith, International Investment Contracts


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