Scientific Knowledge and Domestic Regulatory Measures: Perspectives from the COVID Pandemic

The chapter illustrates whether, and to what extent, scientific knowledge and information have been used by arbitrators in the past and how they are expected to be used in the future in assessing states’ regulatory measures. According to the author, science is expected to play a growing and influential role in investment arbitration, extending beyond pandemics to encompass environmental and energy matters. Science may be relevant in ascertaining whether a genuine risk exists, whether the measures taken by the state are in good faith and appropriate in light of the risk, and whether their application is reasonable. General standards and guidelines elaborated by international organizations or NGOs may ensure that all countries have equal access to scientific information when adopting regulatory measures.