International Investment Arbitration: Publicly Available Awards, Critical Reasoning and Decision-Factor Clusters Dataset (1926–2022)

This dataset compiles 75 publicly available investment arbitration awards, decisions, and settlements spanning 1926 to 2022, covering proceedings before the International Centre for Settlement of Investment Disputes (ICSID), Permanent Court of Arbitration (PCA), Stockholm Chamber of Commerce (SCC), London Court of International Arbitration (LCIA), and ad hoc UNCITRAL tribunals. Treaties covered include NAFTA Chapter 11, the Energy Charter Treaty, US and Canadian bilateral investment treaties, CAFTA-DR, European BITs, the OIC Investment Agreement, and foundational historical instruments including the PCIJ Statute and the US-Mexico General Claims Convention.
The dataset is designed to support empirical research on the regulatory chill effect of investor-state dispute settlement on environmental, health, and climate regulation; the evolution of Fair and Equitable Treatment doctrine across treaty regimes; indirect and regulatory expropriation thresholds; the right to regulate in international investment law; environmental and human rights counterclaims by host states; and the incompatibility of the Energy Charter Treaty with climate transition obligations.
Each of the 75 records contains 25 fields including: case name, parties, treaty basis, arbitral rules, institution, sector, measure type, year filed, year decided, award type, compensation claimed and awarded in USD, ratio of awarded to claimed (auto-calculated), outcome, treaty standards invoked, critical reasoning, decision-determinative factors cluster, dissenting opinion, annulment status, precedent value, and policy implication.
The dataset's primary analytical contribution is a 12-factor decision-determinative taxonomy applied to every case: (1) Legitimate Expectations; (2) Police Powers/Right to Regulate; (3) Proportionality; (4) Investor Misconduct/Contributory Fault; (5) Abuse of Process/Treaty Shopping; (6) Necessity/Emergency Defence; (7) Environmental Regulation; (8) Indirect/Regulatory Expropriation; (9) Procedural Fairness/Due Process; (10) Valuation Methodology; (11) Intra-EU/ECT Compatibility; (12) Corporate Human Rights/Environmental Obligations. This taxonomy enables cross-case factor analysis of the determinants of arbitral outcomes.
All awards sourced exclusively from italaw.com, official ICSID and PCA registries, and published ILM and ICSID Reports volumes. No proprietary database content reproduced. The Critical Reasoning, Factors Cluster, and Policy Implication fields are original scholarly analysis licensed under CC-BY 4.0.