The Impact of Foreign Investors’ Challenges to Domestic Regulations

We examine how foreign investors’ ability to challenge allegedly harmful host-country regulations before an international arbitral tribunal through investor-state dispute settlement (ISDS) affects regulatory policymaking and the value of foreign direct investment. Consistent with ISDS deterring costly host-country regulations, following an ISDS challenge of an industry-level regulation, the equity values of firms in the affected industry increase significantly. Domestic firms without ready access to ISDS also experience higher equity values, suggesting that our results are not driven by expectations of future damage awards. The results are concentrated in developed countries, where stronger legal institutions likely bind governments to their previous commitments to foreign investors. Additionally, capital expenditures by foreign firms in the host country fall before a case is filed and then increase significantly afterward. Taken together, our evidence suggests that ISDS deters domestic regulatory interventions that decrease the profitability of existing foreign direct investments in the host country.

Authors

Institutions

Publication Details

Journal
The Journal of Law and Economics
Published
2025-05-01
DOI
https://doi.org/10.1086/734389
Citations
1
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
2.23
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Impact of Foreign Investors’ Challenges to Domestic Regulations

Mark G. Maffett, Weijia Rao, Mario Milone
1 citations
The Journal of Law and Economics
International Arbitration and Investment Law
2.23
article

The Impact of Foreign Investors’ Challenges to Domestic Regulations

Mark G. Maffett, Weijia Rao, Mario Milone
article en
1 citations

Abstract

We examine how foreign investors’ ability to challenge allegedly harmful host-country regulations before an international arbitral tribunal through investor-state dispute settlement (ISDS) affects regulatory policymaking and the value of foreign direct investment. Consistent with ISDS deterring costly host-country regulations, following an ISDS challenge of an industry-level regulation, the equity values of firms in the affected industry increase significantly. Domestic firms without ready access to ISDS also experience higher equity values, suggesting that our results are not driven by expectations of future damage awards. The results are concentrated in developed countries, where stronger legal institutions likely bind governments to their previous commitments to foreign investors. Additionally, capital expenditures by foreign firms in the host country fall before a case is filed and then increase significantly afterward. Taken together, our evidence suggests that ISDS deters domestic regulatory interventions that decrease the profitability of existing foreign direct investments in the host country.

The Journal of Law and EconomicsVol. 68(2)
University of Miami (US), University of California San Diego (US)
Openalex Percentile: Top 11%
International Arbitration and Investment Law
2.23
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The Impact of Foreign Investors’ Challenges to Domestic Regulations — Mark G. Maffett, Weijia Rao, et al. · The Journal of Law and Economics (2025) | TGRS Research Map | TGRS