It may be disingenuous of the International Bar Association’s David Rivkin to say that states have won a greater number of cases in investor-state dispute settlement disputes than corporations. From the information I have seen (and someone please correct me if I am wrong), it would seem that it very much depends which states we are talking about.

I understand, for example, that no such claim brought against the US government has ever succeeded, whereas conversely, whenever US-based corporations have claimed against any other government, the corporations have never lost. Beware people, this is not a level playing field.

Peter Bolwell, Hastings, East Sussex

 

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