After gold mines laced the San Salvador River with cyanide in 2009, North American miners challenged El Salvador’s right to halt mining. Pac Rim v. El Salvador became a focal point of the movement against investor arbitration, and deservedly so. One might expect that activists would have been thrilled when this aggressive claim caved in on Oct. 14. Yet mining monitors cry that the threat of arbitration still looms.
In case after case, the bogeymen of arbitration are going up in smoke. But do critics rejoice when bad things happen to bad companies? No. Rather than celebrate good arbitral judgment, they insist the system remains broken.
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