Investor-State Arbitration Under Bilateral Trade and Investment Agreements: Finding Rhythm in Inconsistent Drumbeats

Journal of World Trade (2013) 47 (1), 215-242

32 Pages Posted: 7 Apr 2013

See all articles by Lingling He

Lingling He

University of Southern Queensland - School of Law and Justice

Razeen Sappideen

Western Sydney University, School of Law

Date Written: April 6, 2013

Abstract

The investor-state arbitration process has been commonly used under bilateral trade and investment agreements since first adopted by the North American Free Trade Agreement (NAFTA) in 1994.This mechanism has well served the investment interests of multinational corporations. In recent times, some countries have been rethinking the special legal rights offered to foreign investors over domestic investors in dispute resolution through the investor-state arbitration process. This article examines the changing landscape in investor-state dispute resolution and its impact on bilateral trade and investment agreements.

Keywords: investor-state arbitration, free trade agreements, bilateral investment treaties

Suggested Citation

He, Lingling and Sappideen, Razeen, Investor-State Arbitration Under Bilateral Trade and Investment Agreements: Finding Rhythm in Inconsistent Drumbeats (April 6, 2013). Journal of World Trade (2013) 47 (1), 215-242, Available at SSRN: https://ssrn.com/abstract=2245920

Lingling He (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

Razeen Sappideen

Western Sydney University, School of Law ( email )

Locked Bag 1797
Penrith, NSW 2751
Australia

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