The State of Investor-State Arbitration – Some Reflections on Professor Brower’s Plea for Sensible Principles
By Jack J. Coe, Jr. , February 8, 2012
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This article describes how the limited mandate for commercial arbitration tribunals is also present in arbitrations performed under international investment treaties. The author acknowledges the benefits of addressing the six issues that Professor Brower described in improving international arbitrations and examines their application under NAFTA. Upon this application, the author concludes that arbitrations in the NAFTA context favor protecting states as opposed to claimants.
