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.
Antitrust and Trade Regulation | Dispute Resolution and Arbitration | International Law | International Trade Law | Law | Securities Law | Transnational Law
New Weaknesses: Despite a Major Win, Arbitration Decisions in 2014 Increase the US’s Future Exposure to Litigation and Liability,
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/38