The UK and the Development of Investor-State Dispute Settlement

Abstract

The UK has made major contributions to the development of investor-state dispute settlement from 1920-2020. This essay shows that the UK contributed in three ways (1) law-making, both before and after the launch of its investment treaty programme in the early 1970s; (2) dispute settlement – with UK nationals as claimants, or through British nationals serving as arbitrator or counsel in investor-state arbitrations; and (3) scholarship by British scholars or by scholars in the UK. This contribution surveys how the UK contributed to international investment law (Section I) and investor-state arbitration (Section II) in broad strokes over the last hundred years.

Keywords: United Kingdom; investment policy; investment treaties; investor-state arbitration

JEL Classification: F21; K33