An excerpt from a 2007 article about ICSID, where a Freshfields legal advisor (Nigel Blackaby) is quoted. It provides a well-balanced review of both the risks and potential benefits of international arbitration arising from Bilateral Trade Agreements. Give it a read while you wait....

"As levels of foreign investment worldwide increase, it seems likely that disagreements between states and investors will continue. Investment arbitration remains a key part of the arsenal of aggrieved investors. “The threat of arbitration has become part of the negotiation tactics of investors,” notes Nigel Blackaby. “States have developed a real sense of what they have to lose from arbitration, and that knowledge can push them into making a deal.”

"Not always, though. At the time of writing, Exxon had just announced that it was “disappointed” with the results of its negotiations with the Venezuelan government, and had filed a request for arbitration at ICSID. Sometimes, it seems, the only option is to fight."

ishep

http://www.chambersmagazine.co.uk/Article/International-arbitration-INVESTMENT-ARBITRATION---The-end-of-the-boom