Can and Should Not-for-Profits Be Protected in ISDS on the Basis on International Investment Agreements? [pre-publication] - European Investment Law and Arbitration Review View Can and Should Not-for-Profits Be Protected in ISDS on the Basis on International Investment Agreements? [pre-publication] by - European Investment Law and Arbitration Review Can and Should Not-for-Profits Be Protected in ISDS on the Basis on International Investment Agreements? [pre-publication] 10 2 [pre-publication]

For many years the perceived wisdom has been that investment arbitration in in place to protect commercial entities or individual pursuing activities through economic activity. Still, nothing in the language of international investment agreement (IIA) appears to suggest that such limitation exists. Activities of not-for-profit (NFP) entities (which vary in terms of form from jurisdiction to jurisdiction) may well constitute investment which can be protected via investment arbitration. Should NFP entities be able to bring such claims they are still faced with several procedural and jurisdictional challenges.

European Investment Law and Arbitration Review