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

20 Pages Posted: 13 Jan 2016 Last revised: 19 Jan 2016

Gus Van Harten

York University - Osgoode Hall Law School

Pavel Malysheuski

Lockyer + Hein LLP, Barristers + Solicitors

Date Written: January 11, 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.

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

JEL Classification: K10

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: https://ssrn.com/abstract=2713876 or http://dx.doi.org/10.2139/ssrn.2713876

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)

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