The Backlash Against Investment Arbitration Perceptions And Reality [Hardcover]

International lawyers, who recognize the indispensability of a well-functioning system for settling investment disputes, should be concerned about enhancing the legitimacy and functionality of investment arbitration. A well-calibrated response to the challenges facing investment arbitration is essential to ensuring its long-term future.

Critics must be answered; inquiries made; reassessments undertaken. If crucial questions continue to be ignored, or simply glossed over, the strength of, and consequences flowing from, the backlash are likely to be greater in scale. This book, which grew out of a conference held at Harvard Law School in April 2008, aims to uncover the concerns driving the backlash against the present international investment regime.

Thirty-one contributors academics, practitioners, government officials and representatives of civil society analyze both the current state and future direction of the international investment regime, and offer valuable insights into possible ways of improving the system. The concerns fuelling the backlash, and addressed in this book, include:

• Shrinking of domestic policy space
• Competitive pressures to sign investment treaties as a reason why increased investment flows may prove elusive
• Inflexibility of treaty obligations and lack of coordinated responses to changing circumstances, especially in financial crises
• Renegotiation and termination of bilateral investment treaties
• Lack of democratic accountability and pro-investor bias
• Pervasive secrecy and confidentiality of arbitral proceedings
• Conflicts of interest and the continuing quest for effective rules governing the conduct of arbitrator and coulCN