Thursday, June 3, 2010

Country-wise statistics on investment treaty arbitration

UNCTAD has released an "IIA Issue Note" titled "Latest Developments in Investor–State Dispute Settlement". A  summary of the Note can be found at the Kluwer Arbitration Blog.

What interests me the most in this report is a respondent country-wise tabulation on the number of "known - investment treaty claims". Argentina tops the list with 51 claims having been initiated against it so far. Mexico comes second with 19 claims and Czech Republic third with 16 claims. The first time a developed country appears in the list is Canada and United States on the fifth position with 14 cases each. There have been 9 cases against India. The statistics may indeed lend some support to the concerns raised by developing nations that investment treaty arbitration is increasingly being used to their prejudice.

We will soon try to tabulate these cases based on whether the respondent was a developed country or a developing country and what the outcome of the arbitration was.

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