Journal Article

International Arbitration of Investment Disputes: Are Poor and Badly Governed Respondent States More Likely to Lose?

Authors

  • Julian Donaubauer
  • Peter Nunnenkamp
Publication Date

Compelling empirical evidence on whether investor-state dispute settlement (ISDS) is systematically biased against poor respondent states hardly exists. We focus on disentangling the effects of the respondent state’s per-capita income and the strength of domestic rule of law on ISDS outcomes. We find that both, higher income and stronger than ‘normal’ rule of law reduce the probability of investor wins in international arbitration of disputes.

Info

JEL Classification
F53
DOI
10.1080/13504851.2017.1319557

Key Words

  • international arbitration
  • investor-state disputes
  • poor respondent states
  • rule of law