New weaknesses: Despite a major win, arbitration decisions in 2014 increase the US’s future exposure to litigation and liability
Columbia Centre on Sustainable Investment | Jan 2015
New Weaknesses: Despite a major win, arbitration decisions in 2014 increase the US’s future exposure to litigation and liability
by Lise Johnson
In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note (PDF).
Lise Johnson is the Investment Law and Policy Program Head at the Columbia Center on Sustainable Investment
