New Weaknesses: Despite a Major Win, Arbitration Decisions in 2014 Increase the US’s Future Exposure to Litigation and Liability

Authors

Lise Johnson, Columbia Law School, Columbia Center on Sustainable InvestmentFollow

Document Type

Memo/Briefing Note

Publication Date

1-2015

Abstract

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

Disciplines

Antitrust and Trade Regulation | Dispute Resolution and Arbitration | International Law | International Trade Law | Law | Securities Law | Transnational Law

Recommended Citation

Lise Johnson, New Weaknesses: Despite a Major Win, Arbitration Decisions in 2014 Increase the US’s Future Exposure to Litigation and Liability, (2015).
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/38