Assignment of ISDS Claims and the Complications for Arbitration and Enforcement

Development summary

Mathias Audit investigates the legal difficulties surrounding investor-State arbitration claims and their assignment. He places those claims in the context of bilateral and multilateral investment treaties, free trade agreements, foreign investment codes and domestic investment law.

The analysis shows that assignment can entangle arbitral proceedings and the enforcement of arbitral awards. It examines the point at which investment law, arbitration law and private-law mechanisms for transferring claims meet.