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Arbitration Costs - Myths and Realities in Investment Treaty Arbitration | Oxford Scholarship Online
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Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Susan D. Franck

Abstract

Investment treaty arbitration (sometimes called ISDS or investor-state dispute settlement) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet “conventional wisdom” about costs is not necessarily wise. To separate fact from fiction, this book reality tests claims about investment arbitration and fiscal costs against hard data so that policy reforms can be informed by scientific evidence, rather than intuition or cognitive illusions. The exercise is critical, as investment treaties grant international arbitrators the power to order st ... More

Keywords: ITA, ISDS, cost-shifting, dispute resolution, ICSID, UNCITRAL, cognitive psychology, biases and heuristics, international law, globalization

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780190054434
Published to Oxford Scholarship Online: April 2019 DOI:10.1093/oso/9780190054434.001.0001

Authors

Affiliations are at time of print publication.

Susan D. Franck, author
Professor of Law, American University