Columbia International Affairs Online: Policy Briefs

CIAO DATE: 04/2014

Beware the discretionary choices of arbitrators

Barclay E. James, Paul M. Vaaler

December 2013

Columbia Center on Sustainable Investment


This Perspective summarizes recent research on how investment treaty arbitrators have used their power to review sovereigns. It suggests a need for more scrutiny of arbitrators' performance by other actors, such as national associations of legislators or judges.