Looking into the Future: Challenges to Investment Across Borders
Investment treaty is a double-edged sword. States want their investors to be protected by investment treaties and have recourse to arbitration when their rights have been violated. At the same time, however, states are equally exposing themselves to the possibility of arbitration claims by investors. Some are of the view that investment arbitration is biased against developing countries and that investment treaties unduly interfere with the right of the state to regulate. While others criticize the system for allowing individuals who have no accountability to decide vital questions of national interest. This session discusses what the future holds for investment arbitration.
Chair: Justin D'Agostino, Herbert Smith Freehills
• V.V. Veeder, Essex Court Chambers
• Jeremy Sharpe, US Department of State
• Professor Hi-Taek Shin, Seoul National University School of Law
• Nassib G. Ziadé, Bahrain Chamber for Dispute Resolution
Rapporteur: Joan A. De Venecia, Home Development Mutual Fund