
The Resolution of International Investment Disputes
Challenges and Solutions
- 305 pages
- English
- PDF
- Available on iOS & Android
About this book
This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure, " specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.
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Information
Table of contents
- Cover
- Title Page
- Table of Contents
- ABBREVIATIONS
- LEGAL SOURCES
- LIST OF CASES (ARRANGED BY JURISDICTION)
- CHAPTER I INTRODUCTION
- CHAPTER II EVOLUTION OF THE CURRENT LEGAL FRAMEWORK FOR INTERNATIONAL INVESTMENT DISPUTE RESOLUTION
- CHAPTER III A CRISIS OF CONSISTENCY – PROBLEMS WITH THE CURRENT LEGAL FRAMEWORK
- CHAPTER IV DEVELOPMENTS WITHIN THE CURRENT FRAMEWORK
- CHAPTER V SETTING NEW LEGAL BOUNDARIES – DEVELOPMENTS UTILIZING EXISTING DOMESTIC AND INTERNATIONAL PROCEDURES
- CHAPTER VI CONCLUSION
- BIBLIOGRAPHY