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International Investment Law / Briefing note
Beyond Boilerplate: Public Interest Safeguards for Arbitration in State–Investor Contracts
When arbitration is included in State–investor contracts, how can arbitration clauses be redesigned to protect the public interest and avoid the pitfalls associated with treaty-style arbitration, while remaining acceptable in practice? CCSI's brief proposes 17 public interest safeguards grouped into three mutually reinforcing clusters, backed by examples of State practice showing that departures from boilerplate arbitration clauses are achievable.














