Costs, Outcomes and Transparency in ISDS Arbitrations: Evidence for an Investment Treaty Parliamentary Inquiry

International Arbitration Law Review, Vol. 21, Issue 4, 2018

Sydney Law School Research Paper No. 18/46

17 Pages Posted: 7 Aug 2018 Last revised: 5 Sep 2018

See all articles by Luke R. Nottage

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law

Ana Ubilava

The University of Sydney, Faculty of Law, Students

Date Written: August 6, 2018

Abstract

This article draws on evidence presented at an Australian parliamentary inquiry into ratification of a major Asia-Pacific free trade agreement, focusing on the investment chapter and especially the vexed issue of investor-state dispute settlement (ISDS) arbitration. It outlines some rationales for ISDS-backed investment treaty commitments, and sets out empirical evidence about the usual costs, award amounts and transparency associated with ISDS, to contribute to more informed public debate in Australia and world-wide.

Keywords: foreign direct investment (FDI), dispute resolution, Asian law, international law, free trade agreements (FTAs), bilateral investment treaties (BITs), investor-state dispute settlement (ISDS), arbitration

JEL Classification: K10, K30

Suggested Citation

Nottage, Luke R. and Ubilava, Ana, Costs, Outcomes and Transparency in ISDS Arbitrations: Evidence for an Investment Treaty Parliamentary Inquiry (August 6, 2018). International Arbitration Law Review, Vol. 21, Issue 4, 2018; Sydney Law School Research Paper No. 18/46. Available at SSRN: https://ssrn.com/abstract=3227401

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

Ana Ubilava

The University of Sydney, Faculty of Law, Students ( email )

Faculty of Law Building, F10
Sydney, NSW
Australia

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