TWAIL and the Dabhol Arbitration

Trade, Law and Development, 2011

Osgoode CLPE Research Paper No. 19/2011

27 Pages Posted: 8 Sep 2011

See all articles by Gus Van Harten

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: August 9, 2011


The article draws on the theoretical perspective of Third World Approaches to International Law (TWAIL) to review a case study in international investment arbitration. The case study is an International Chamber of Commerce arbitration arising from controversies over Bechtel, Enron, and the Dabhol project in India. Following a detailed discussion of this case study, it is suggested that the TWAIL perspective provides a useful reference for organizing critique but is less relevant to the identification of specific options for reform in international arbitration or strategies to encourage, manage, or regulate investment for social ends.

Keywords: TWAIL, investment, arbitration, Bechtel, Enron, Dabhol

Suggested Citation

Van Harten, Gus, TWAIL and the Dabhol Arbitration (August 9, 2011). Trade, Law and Development, 2011, Osgoode CLPE Research Paper No. 19/2011, Available at SSRN:

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
416 650 8419 (Phone)

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