Chapter 13: Addressing Financial Access to Justice in Investment Treaty Arbitration
Document Type
Book Chapter
Publication Date
11-13-2020
Editor(s)
Alan M. Anderson and Ben Beaumont
ISBN
9789403517551
Publisher
Kluwer Law International
Language
en-US
Abstract
Investors and States are stuck in their roles as claimant and respondent, respectively, because the implementation of the Investor-State Dispute Settlement (ISDS) system echoes world economic power dynamics that have historically been more rigid than the text of the ISDS-governing documents. Third-party funding is a lens through which to analyze one consequence of this overarching structural inequality in ISDS: lack of financial access to justice. This chapter explains how third-party funding shines a spotlight on this pervasive lack of financial access to justice in ISDS and presents suggestions for how to address financial access to justice in ISDS without requiring the renegotiation of thousands of investment treaties.
Recommended Citation
Victoria Sahani,
Chapter 13: Addressing Financial Access to Justice in Investment Treaty Arbitration
,
in
The Investor-State Dispute Settlement System: Reform, Replace or Status Quo?
271
(Alan M. Anderson and Ben Beaumont ed.,
2020).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3477
