Do Hard Economic Times Lead to International Legal Disputes? The Case of Investment Arbitration

Swiss Political Science Review, Vol. 19, issue 4, 2013, Forthcoming

9 Pages Posted: 8 Nov 2013 Last revised: 26 Nov 2013

See all articles by Cedric G. Dupont

Cedric G. Dupont

Graduate Institute of International and Development Studies (IHEID)

Thomas Schultz

King's College London; University of Geneva

Date Written: November 8, 2013

Abstract

We now have a total of more than 650 investment arbitration claims. The number of countries targeted by arbitration is on the rise, both in the developing and developed worlds, and has reached a total of more than 100 states. Given the hard economic times that most countries have been going through since 2008, one may assume that the record activity in the last years is indicative of states being pushed to 'abuse' their authority, to take legally reprehensible measures, because they are strangled politically and economically. In theory, the link between investment arbitration and severe economic crisis seems fairly straightforward. The recent upsurge of arbitration claims in 2011 and 2012 would thus hardly be puzzling. But does this casual observation sustain a more systematic, large N analysis? What do investment disputes tell us?

Keywords: investment arbitration, financial crisis, international law, political science, political economy

JEL Classification: P16, P26, K33

Suggested Citation

Dupont, Cedric G. and Schultz, Thomas, Do Hard Economic Times Lead to International Legal Disputes? The Case of Investment Arbitration (November 8, 2013). Swiss Political Science Review, Vol. 19, issue 4, 2013, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2351885

Cedric G. Dupont

Graduate Institute of International and Development Studies (IHEID) ( email )

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
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London, WC2R 2LS
United Kingdom

University of Geneva ( email )

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

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