Publication

This paper evaluates the options available to Canada and other developed democracies as they formulate their investor-state arbitration (ISA) policies. Some of the possibilities include 1) abandoning or maintaining the existing across-the-board approach to ISA; 2) introducing incremental changes and amendments to the arbitration process; 3) adopting CETA’s model of broad procedural exceptions and guarantees; 4) setting up a global ISA Appellate Court; 5) encouraging all arbitral administrative bodies to enhance their transparency and review or expand their existing procedures; 6) abandoning ISA with developed democracies and restricting it to agreements with non-democratic countries; and 7) pursuing ISA only when domestic legal remedies are unavailable.