Much ink has been spilt on discussing whether or not the investment treaty arbitration regime has played a role in encouraging the growth of developing economies by creating a more secure system for foreign direct investment (FDI). As of late, the viability of the treaty arbitration system has been called into question.
Some developing countries are threatening to retract themselves from the system completely, while sovereignty-related alarms can now be heard loudly in the halls of cities such as Washington, London and Brussels. The authors do not wish to reiterate or re-litigate any of the arguments advanced by such states. They do see, however, mutually shared advantages to international trade and investment, and in harmonizing legal codes.