[ Link to tagged PDF file (size : 190 KB ) ] AN ILLUSTRATION OF HOW TRADITIONAL ARBITRATION IS BEING CHANGED BY MODERN INTERNATIONAL INVESTMENT LAW: Investor-State Arbitration under NAFTA Chapter XI and the Energy Charter Treatyby Anna K. MyrvangAbstractThe manner in which arbitrations are being conceptualised and carried out in the context of foreign investment is changing the traditional foundations of arbitration. The balance of power between the parties is being shifted in order to protect the investor from the state where his investment was made. This is seen as being necessary in a growing culture of liberalisation where investment needs to be stimulated and states compete for foreign money. NAFTA and the Energy Charter Treaty are considered in this article as illustrations of this trend. There have not been many cases to date, however, by looking at the future arbitrations under these two treaties we may see the birth of a new branch of arbitral law - a special law of investment arbitration. Anna K. Myrvang |
