This Article applies the theory of comparative institutional analysis to evaluate the trade-offs
associated with alternative mechanisms for resolving investment disputes. We assess the …

It is often claimed that international investment arbitration is marked by a revolving door:
individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert …

International investment tribunals considering claims of indirect expropriation have
increasingly taken into account the host state's regulatory purpose in their analysis, alluding …

Hukum Internasional yang normanya berbasis kepada universalitas ajaran hukum alam
dalam perkembangannya mengalami positivisasi sehingga indentik dengan hukum yang …

The Costs of Consistency: Precedent in Investment Treaty Arbitration Page 1 The Costs of
Consistency: Precedent in Investment Treaty Arbitration IRENE M. TEN CATE* This Article …

Treaty shopping, also known under the terms of nationality planning, corporate (re-)
structuring or corporate maneuvering, implies a strategic change of nationality or strategic …

The ability of counterclaims to help rebalance investment law depends on whether and how
investment law lacks equilibrium. The asymmetry in investment treaties is somewhat …

In the global backdrop of backlash against bilateral investment treaties (BITs) and the
investor-state dispute settlement (ISDS), this paper critically studies India's new Model BIT …

In this study, Caroline Henckels examines how investment tribunals have balanced the
competing interests of host states and foreign investors in determining state liability in …

As tensions between investors' rights and sovereign power escalate, investor–state dispute
settlement (ISDS) has become a focal point of backlash and controversy. As a result, ISDS …