NLJ affiliate The American Lawyer has reviewed the largest awards in the history of its Arbitration Scorecard survey and investigated their enforcement. We were left with two strong conclusions about investment treaty arbitration.
First, the largest contract awards have dwarfed the biggest treaty awards. Of the 30 awards we've identified of more than $500 million, exactly one was grounded in a treaty: last year's $2.3 billion verdict in Occidental v. Ecuador II. Investors who file megaclaims often come up empty.
