ABSTRACT Third-party funding is a recent yet rapidly growing phenomenon in investment arbitration. While it enables investors lacking funds to pursue remedies against States, exposes States greater risk of inability recover arbitration costs. Against this background, article examines the legal principles on security for costs and, contrary view several tribunals and commentators, argues that ca...

Investor-state dispute settlement (ISDS) continues to plague health-oriented government regulation. This is particularly reflected in recent challenges to tobacco control measures through bilateral investment agreements. There are numerous reform proposals circulating within the public health community. However, I suggest that perhaps it is time for the community to explore a stronger position ...

AIB Insights Vol. 16, No. 1 ConCerns ThaT inTernaTional invesTmenT agreements (IIAs) impact a government’s right to regulate and lead to “regulatory chill” have once again surfaced in the wake of the negotiations on the Pacific Rim’s Transpacific Partnership (TTP) and the US-EU Transatlantic Trade and Investment Partnership (TTIP). These concerns are not new and have persisted since NAFTA Chapt...

We argue that the trend toward international investment agreements (IIAs) with stricter investment rules is driven by competitive diffusion, namely defensive moves of developing countries concerned about foreign direct investment (FDI) diversion in favor of competing host countries. Accounting for spatial dependence in the formation of bilateral investment treaties (BITs) and preferential trade...