Biased Arbitrators and Tribunal Decisions Against Developing Countries: Stylized Facts on Investor‐State Dispute Settlement. (12th May 2017)

• Record Type: Journal Article
• Authors: Nunnenkamp, Peter
• Is Part Of: Journal of international development. Volume 29:Number 6(2017:Aug.)
• Page Start: 851
• Page End: 854
• Publication Date: 2017-05-12
• Subjects: investor‐state dispute settlement -- arbitrators -- pro‐investor bias -- developing countries; Economic development projects -- Developing countries -- Periodicals; Developing countries -- Economic policy -- Periodicals; Developing countries -- Foreign economic relations -- Periodicals; Economic development -- Periodicals; 330.91724
• DOI: 10.1002/jid.3279
• Languages: English
• ISSNs: 0954-1748

Abstract

Abstract: Based on UNCTAD's database on investor‐state dispute settlements (ISDS), we find that many cases raised against developing countries are handled by fairly unbiased tribunals. As for ISDS outcomes, the overall ratio of investor wins over state wins is below one. Nevertheless, it is harder for developing countries, compared to high‐income countries, to achieve state wins in international arbitration of investment disputes. Copyright © 2017 John Wiley & Sons, Ltd.