Arbitration and Enhancing Investment Sustainability in the Context of Investor-State and State-to-State Arbitration

Wassil Almethen

Ahmed Alhusayni

 

Abstract: This article discusses the use of arbitration as a tool to encourage sustainable investment with special reference to investor-state and state-to-state arbitration. It puts arbitration in the context of sustainable development policy and international investment governance. It assesses how procedural, doctrinal, and remedial reforms may improve the compatibility between investment protection and sustainability goals. The article goes on to develop the thesis that arbitration can be used as a tool in sustainable investment by designing treaties in a way that is sustainable, developing the doctrine, and innovating the process. This research ends by providing practical advice to arbitral institutions, investors and states and an agenda of future research in this field.