Investment Treaty Arbitration: Making a Place for Small Claims

In: The Journal of World Investment & Trade
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  • 1 Seton Hall Law School, Newark, New Jersey, USA

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Although international investment agreements are meant to enable investors of all sizes to protect their investments, the reality is that investment treaty arbitration is designed for large claims. In light of this reality, and recognizing that small claims are often not pursued due to the costs and practical obstacles associated with arbitration, this article proposes a simplified system of dispute resolution for claims that fall under a certain amount, such as USD 10 million. Such a mechanism would provide access to justice for small investors or investors with small claims, whose needs, at present, are largely unmet.