The Backlash Against Investment Arbitration: Perceptions and Reality

THE BACKLASH AGAINST INVESTMENT ARBITRATION, Michael Waibel, Asha Kaushal, Kyo-Hwa Chung & Claire Balchin, eds., Kluwer Law International, March 2010

10 Pages Posted: 2 Jan 2011

See all articles by Michael Waibel

Michael Waibel

University of Cambridge - Faculty of Law; Lauterpacht Centre for International Law; University of Cambridge - Jesus College

Asha Kaushal

University of British Columbia (UBC), Faculty of Law

Kwo-Hwa Chung

Kim & Chang

Claire Balchin

Allen & Overy LLP

Date Written: March 1, 2010

Abstract

Commentators increasingly question whether a backlash against the foreign investment regime is underway. This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime. A diverse set of contributors reflect on the current state and the future direction of the international investment regime, and offer some tentative solutions for improvement: academics, practitioners, government officials and civil society.

Contributors assess whether the current regime of investment arbitration is in crisis. They take a step back to look at the long-term prospects of investment arbitration, including reforms that could bring substantial improvements to the investment arbitration process. These questions can no longer be ignored or be dismissed as esoteric criticisms by fringe groups or outsiders with no stake in the system. Without appropriate remedial action, the rising discontent over the perceived and actual problems of the international investment regime risks undermining the tremendous gains in the rule of law on cross-border investment flows achieved over the last decades. Unless acknowledged and addressed, these concerns could throw the baby out with the bathwater.

Keywords: Investment Arbitration, Backlash, Discontent, Critiques

JEL Classification: K33, F2

Suggested Citation

Waibel, Michael and Kaushal, Asha and Chung, Kwo-Hwa and Balchin, Claire, The Backlash Against Investment Arbitration: Perceptions and Reality (March 1, 2010). THE BACKLASH AGAINST INVESTMENT ARBITRATION, Michael Waibel, Asha Kaushal, Kyo-Hwa Chung & Claire Balchin, eds., Kluwer Law International, March 2010. Available at SSRN: https://ssrn.com/abstract=1733346

Michael Waibel (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Lauterpacht Centre for International Law ( email )

5 Cranmer Road
Cambridge, CB3 9BL
United Kingdom

University of Cambridge - Jesus College ( email )

Jesus Lane
Cambridge, CB5 8BL
United Kingdom

Asha Kaushal

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Kwo-Hwa Chung

Kim & Chang ( email )

Seyang Bldg., 223 Naeja-Dong,
Chongro-Ku
Seoul, 110-720
Korea, Republic of (South Korea)
822-3703-1366 (Phone)
822-737-9091 (Fax)

Claire Balchin

Allen & Overy LLP ( email )

United States

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