Abstract

http://ssrn.com/abstract=2713876
 


 



Who Has Benefited Financially from Investment Treaty Arbitration? An Evaluation of the Size and Wealth of Claimants


Gus Van Harten


York University - Osgoode Hall Law School

Pavel Malysheuski


Lockyer + Hein LLP, Barristers + Solicitors

January 11, 2016

Osgoode Legal Studies Research Paper No. 14/2016

Abstract:     
We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue – especially extra-large companies with more than USD10 billion – and individuals with more than USD100 million in net wealth. ISDS has produced monetary benefits primarily for those companies or individuals at the expense of respondent states. Incidentally, we also found that extra-large companies’ success rates in ISDS, especially at the merits stage, exceeded by a large margin the success rates of other claimants. It was evident that ISDS has also delivered substantial monetary benefits for the ISDS legal industry.

Number of Pages in PDF File: 20

Keywords: Investor-state arbitration, ISDS, compensation, wealth, corporations

JEL Classification: K10


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Date posted: January 13, 2016 ; Last revised: January 19, 2016

Suggested Citation

Van Harten, Gus and Malysheuski, Pavel, Who Has Benefited Financially from Investment Treaty Arbitration? An Evaluation of the Size and Wealth of Claimants (January 11, 2016). Osgoode Legal Studies Research Paper No. 14/2016. Available at SSRN: http://ssrn.com/abstract=2713876 or http://dx.doi.org/10.2139/ssrn.2713876

Contact Information

Gus Van Harten (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)
Pavel Malysheuski
Lockyer + Hein LLP, Barristers + Solicitors ( email )
350 Rutherford Road South
Suite 320
Brampton, Ontario L6W 4N6
Canada
1-905-452-7400 (Phone)
1-905-452-6444 (Fax)
HOME PAGE: www.LHLaw.ca
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