It is recognized, in the preamble to the ICSID Convention,1 that while disputes arising between host States and foreign investors ‘would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases’. This is confirmed by thousands of investment protection treaties vesting the right of international arbitration in individual investors, with the International Centre for Settlement of Investment Disputes (ICSID) as the favoured, albeit not exclusive, forum. ICSID was established as an apolitical alternative...
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