By: Savannah Kelly, Senior Staffer Investors have the right to protect their investments just as host states have the right to protect public interests–otherwise recognized as public interest regulation. The balance between the rights of investors and that of states skews off-kilter when arbitral proceedings whittle away or strip entirely the regulatory autonomy of states….
Category: Trade
Navigating Policy Shifts in Investor-State Dispute Settlement in Latin America: A Case Study of Colombia
By: Jake Helfant States have historically utilized provisions for Investor-State Dispute Settlement (“ISDS”) to secure foreign investment, ensuring that disputes with foreign enterprises are governed and processed outside of the jurisdiction of sovereign states. Bilateral Investment Treaties (“BITs”) and Free Trade Agreements (“FTAs”) typically include ISDS provisions, mandating arbitration through the International Center for Settlement…
The Role of Arbitration in the US-China Trade War
Arbitration plays a background role in the US-China trade talks, but is it being used to its highest potential? The US-China trade war is the broad name given to a series of ongoing negotiations over mutual access to consumer markets and the onus of the trade deficit between The United States and China. After a…
The WTO’s Dispute Settlement Crisis
“The World Trade Organization is in crisis” is a statement that has practically become the new WTO motto. This particular global organization is comprised of 164 member states and was created on January 1, 1995. The provisional agreement and organization, the General Agreement on Tariffs and Trade (GATT) preceded the creation of the WTO. While…
The Arbitration Brief 