International Investment Regime and BITs

Profiting from injustice

November 2012
Pia Eberhardt

A small club of international law firms, arbitrators and financial speculators are fuelling an investment arbitration boom that is costing taxpayers billions of dollars and preventing legislation in the public interest.

Latin America and Caribbean governments meeting on investment regime

May 2013

On 22 April, government representatives from Bolivia, Cuba, Ecuador, Nicaragua, Dominican Republic, St. Vincent and Grenadine, Venezuela, Argentina, Guatemala, El Salvador, Honduras and Mexico met in Guayaquil (Ecuador) for the 1st Ministerial Meeting of the Latin American States affected by transnational interests.

The right to say no

May 2013
Pia Eberhardt, Emma Lui, Stuart Trew

As European Union (EU) member states consider the implications of environmentally risky shale gas development (fracking), negotiations are underway for a controversial EU-Canada Comprehensive Economic and Trade Agreement (CETA) which would grant investors the right to challenge governments’ decision to ban and regulate fracking.

Arbitrators’ Role in the Recent Investment Arbitration Boom

March 2013
Pia Eberhardt

In the 2012 report Profiting from Injustice, jointly published by Corporate Europe Observatory and the Transnational Institute, we boldly asserted that law firms, arbitrators and third-party funders have, over the past two decades, helped maintain an investor-biased arbitration system and have fuelled the rise in investor-state disputes.[1]

Challenging the investment arbitration industry

February 2013
Pia Eberhardt

During the CELAC-EU President Summit in Chile, some Latin American governments rejected the inclusion in the final declaration of the proposed EU wording in support of providing foreign investors legal certainty. To understand why, we need to look at the industry behind investment arbitration.

 

Intra-EU Bilateral Investment Treaties

February 2013

Corporations in Western Europe are suing Central and Eastern European countries at international arbitration tribunals through a vast web of intra-EU Bilateral Investment Treaties (BITs). Yet while the European Commission has questioned the validity of these BITs, Netherlands, Germany, and the UK, oppose their termination.

BITs that bite into budgets: Will the European Parliament let private lawyers decide?

January 2013

A public discussion of civil society with MEPs, Council & Commission to discuss the Financial Responsibility Regulation and the future EU Investment Policy.

A Response To The Critics Of “Profiting From Injustice”

January 2013
Pia Eberhardt

Authors of TNI and Corporate European Observatory's Profiting from Injustice report answer the critiques  made by arbitrators and investment lawyers.

Investment arbitrators' inner circle

November 2012

Interactive web showing the number of times the elite 15 arbitrators have sat side by side in investment arbitration panels.

 

Putting a spotlight on the arbitration industry

November 2012

Profiting from Injustice report reveals that the legal arbitration industry have strong vested interests in supporting an unjust international investment regime.