The Gambling Dispute: Is Investment Arbitration An Option?

A law firm representing some gambling interests thinks it might be:

protections contained in the US IIAs, comprising 40 Bilateral Investment Treaties (BITs) and 11 Free Trade Agreements (FTA’s), may be relied upon by foreign investors seeking to establish a gaming business in the US under the “commercial presence” route.

...

in the event the US denies an investor permission to establish a gaming business, this may well amount to a breach of its treaty obligations. The putative investor could then choose to enforce its rights by recourse to the dispute resolution mechanism contained in the applicable IIA.

See pages 8-9 of the document.

(HT to Investment Treaty News)