The Contribution of International Organizations to Investment Arbitration: Responding in Times of Crisis?
Jessica Gladstone & Anna Kirkpatrick
ABSTRACT: Under investment treaties and trade agreements, investors have the means to enforce privately their public international law rights through international arbitration. Today, a number of well-established international organizations administer disputes and support the development of investment treaty arbitration. However, as the number of investment-related disputes increases and global trading relationships are reshaped, debate surrounding investment treaty arbitration has intensified. Specifically, the need for increased transparency, legitimacy and coherence of decision-making are often raised in criticism of investment treaty arbitration. After considering the origins of several major international organizations influential within the sphere of investment treaty arbitration, this paper will explore: (i) how three such organizations have sought to address popular desire for increased transparency, legitimacy and coherence; (ii) how those concerns are shaping recent and proposed investor-State dispute settlement regimes in investment treaty arbitration and trade agreements; and (iii) the role of multilateralism in that process.