PluriCourts Investment Treaty Arbitration Database

The aim is to provide an updatable, modifiable, and comprehensive set of data on all investment treaty arbitrations. This database is intended as one of general applicability (that is, it is not being designed for a specific research project). A powerpoint presentation of the database is published here.

The database is built using Microsoft Access, which is beneficial where the data is multi-level and contains a high number of variables. It is also user-friendly and efficient with the inputting of data.

As investment arbitration can be defined a number of ways, it is necessary to define the selection criteria for this database. The database includes all known arbitrations where at least one of the legal bases for the claim is an international investment treaty. Additional criteria are that the case be (1) an arbitration (2) between a private entity and a state or state entity or between two states or state entities. The database consequently includes state-to-state arbitrations based on an investment treaty.

The database also includes ICSID cases not based on an investment treaty. The database thus provides a comprehensive database for all ICSID cases.

Moreover, there are a number of investment-related cases that are not be included: (1) cases before claims tribunals or claims commissions (eg the Iran-US Claims Tribunal), (2) property or expropriation-related cases before international human rights courts (eg the ECtHR), (3) diplomatic espousal cases before international courts on topics related to investment (eg the ELSI case); (4) contract/concession-based arbitrations between an investor and a state or state entity (eg contract-based investment arbitrations at the ICC), and (5) pure domestic proceedings based on an investment treaty (we are not aware of any such cases, but they are hypothetically possible). The database does, to the extent possible, include references to cases of the above categories where they represent parallel or related claims to those that are brought as investment treaty claims.

Finally, there are a number of variables that will be developed in feed-in databases for the purposes of answering specific research questions. These separate databases will be linked to the main database. Potential feed-in databases include the following: (1) investment treaties (characteristics of the treaties' substantive, institutional and procedural provisions, etc.), (2) states (which will include information such as development status, geographical regions, GDP, investment flows, etc.), (3) arbitrators (which will include information such as nationality, affiliations, gender, age, etc.), (4) law firms (which will include information such as size, number of partners, geographical location, etc.), (5) companies (which will include information such as size, headquarters, revenue, etc.), and (6) NGOs (which will include more information on those entities submitting amicus briefs).

Published Jan. 12, 2015 11:04 AM - Last modified Mar. 9, 2016 4:31 PM