When deciding whether to invest in a foreign country, one of the common concerns of investors is whether there is a secure and predictable method for resolving potential problems with the host state. Understandably, investors want to know how exposed they would be in the event a dispute arises.

In this context, investment arbitrations based on international investment agreements – often brought under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) or other international arbitral rules – are a well-known and common way of resolving international investment disputes.