ISDS in Action
The legal imagination framing ISDS practice is closely related to how arbitrators connect storytelling with the interpretation of investment treaties and other relevant laws. This chapter examines several influential awards, placing the facts of each dispute within the broader social and political context of the investment, the conflict, and the economic sector. The analysis highlights how arbitrators think of foreign investment relations, and the extent to which they focus on, or silence, issues of distribution, recognition, and embeddedness. The cases are discussed chronologically in order to identify what has changed—and what has not—in arbitrators’ reasoning. Cases covered in this chapter include Santa Elena v. Costa Rica, Metalclad v. Mexico, TecMed v. Mexico, SD Myers v. Canada, Methanex v. USA, Glamis v. USA, Chemtura v. Canada, Occidental v. Ecuador 2, Philip Morris v. Uruguay, and Eli Lilly v. Canada.