International Investment Arbitration Part 1

International Investment Arbitration

International investment takes place in the context of private contracts and an increasing proliferation of international investment agreements at bi-lateral, multi-lateral, sub-regional, regional and inter-regional levels.

International investment agreements include over 2,300 bi-lateral investment treaties (BIT’s), numerous preferential free trade and investment agreements as well as multi-lateral investment agreements. Some 73 BIT’s were concluded in 2004 alone, 10 of which were renegotiated treaties that superseded existing treaties. 12 of the 30 OECD countries are parties to some 670 BIT’s. The growth of international foreign investment has also seen a proliferation of stablisation agreements made between developing country governments and foreign private investors¹ many of which contain international investor-state dispute settlement provisions.