Journal Article

Biased arbitrators and tribunal decisions against developing countries: Stylized facts on investor-state dispute settlement

Journal of International Development, 29(6): 851-854

Based on UNCTAD’s database on investor-state dispute settlement (ISDS), we find that many cases raised against developing countries are handled by fairly unbiased tribunals. As for ISDS outcomes, the overall ratio of investor wins over state wins is below one. Nevertheless, it is harder for developing countries, compared to high-income countries, to achieve state wins in international arbitration of investment disputes.


Peter Nunnenkamp