The Public Perception of Investment Arbitration

Abstract

This paper examines the controversies around the incorporation of investment arbitration into the Transatlantic Trade and Investment Partnership (TTIP). It was drafted to be read by a non-specialist audience, and addresses the primary arguments made regarding the use of arbitration in the TTIP. For each argument it offers a clear explanation of the opposing positions, and then presents an accessible analysis of the issue on the basis of the available evidence.The paper was originally prepared at the request of the Legal Affairs Committee of the European Parliament, and was produced under a grant from the Parliament for a study on arbitration in the European Union. It was supplied to the Parliament in late 2014.