Author : Scott Miller
Publisher : CSIS Reports
Page : 0 pages
File Size : 33,7 MB
Release : 2015
Category : International commercial arbitration
ISBN : 9781442240728
Investor-State Dispute Settlement (ISDS) is a provision in Bilateral Investment Treaties (BITs) and other international investment agreements that allows investors to enter arbitration with states over treaty breaches. This report is an empirical review of ISDS, based on the record of disputes under existing investment treaties.
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Page : pages
File Size : 34,69 MB
Release : 2013
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Page : 42 pages
File Size : 14,86 MB
Release : 2015
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Author : Alan M. Anderson
Publisher : Kluwer Law International B.V.
Page : 441 pages
File Size : 26,28 MB
Release : 2020-11-27
Category : Law
ISBN : 9403518103
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
Author : Christian Brandes
Publisher :
Page : 32 pages
File Size : 19,49 MB
Release : 2018-07-17
Category :
ISBN : 9783668756380
Seminar paper from the year 2016 in the subject Business economics - Miscellaneous, grade: 1,6, http: //www.uni-jena.de/, language: English, abstract: In the era of Globalisation international investment flows are large. Even small and medium sized companies are active in foreign countries and economies are increasingly interdependent. Despite this globalisation process there is no unified legal framework concerning international investments and the disputes which may arise from them. In this perspective global governance is lacking behind globalisation. International investment is one of the key drivers of economic development. Investors demand legal security, also in countries where domestic governance is weak in order to minimise the non-commercial risks. International Investment Agreements (IIA) between two or more countries serve as primary legal basis to govern and protect international investments and to settle disputes between investors and states. The framework of thousands of IIAs and within it the system of Investor State Dispute Settlement (ISDS) is fragmented and increasingly subject to harsh critique of providing inconsistent arbitration awards and lacking legitimacy in general. This paper addresses the development of ISDS provisions in investment agreements and how the current system could be reformed. Chapter two provides a historical overview of investment treaty practice, the roots of the current system and the development of private courts of arbitration. Main ISDS institutions and their rules will be introduced. The following section will point out the arguments in favour and opposing ISDS. Critique will be made visible on examples of prominent cases as well as on overall findings from treaty analysis. The final chapter deals with possibilities to reform, amend or even replace today's ISDS regime. It will address recent megaregional agreements such like the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership (
Author : Marius Dotzauer
Publisher : Taylor & Francis
Page : 148 pages
File Size : 30,52 MB
Release : 2023-09-29
Category : Political Science
ISBN : 1000962911
This book offers theoretical arguments and original empirical data on the legitimacy of the investor-state dispute settlement system in the eyes of the general public. The legitimacy of the investor-state dispute settlement (ISDS) system has become a major issue in recent negotiations on new trade and investment agreements, such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA), and the Trans-Pacific Partnership Agreement (TPP). This book considers the remarkable rise of investor-state arbitration, its politicization and the corresponding legitimacy crisis that has induced a political process of ISDS reform. The book applies theoretical arguments about legitimacy perceptions among the mass public and tests these arguments in survey experiments in Germany, France, and the United States to answer the question of whether ISDS reform can be successful. By showing that large parts of the population hold negative perceptions about the current system of private arbitration and believe that an international investment court and domestic courts are more legitimate dispute resolution systems, the book extends the debate on the legitimacy of the ISDS mechanism, which has so far been dominated by conflicting normative claims of supporters and critics. With regard to the academic debate about legitimacy in global governance, the author underlines that the legitimacy perceptions of ordinary citizens must be taken seriously to ensure the sustainability of global governance and international law in the long term. This book will be of interest to academics working in international relations, international political economy, international law, transnational law, authority, politicization, and legitimacy of global governance. It will also be of great use to practitioners in the field of international investment law, including lawyers, and government officials working in international dispute settlement.
Author : Ben Beaumont
Publisher : Kluwer Law International B.V.
Page : 255 pages
File Size : 24,39 MB
Release : 2024-02-13
Category : Law
ISBN : 9403547731
What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.
Author : Markus Krajewski
Publisher :
Page : 28 pages
File Size : 12,90 MB
Release : 2014
Category :
ISBN :
The study discusses the impact of an investment protection chapter with Investor-State-Dispute-Settlement in the proposed transatlantic Trade and Investment Partnership (TTIP) on social and labour regulation and the autonomy of the social partners in regulating these matters through collective agreements.
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Page : pages
File Size : 15,77 MB
Release : 2015
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Author : Robert Schwieder
Publisher :
Page : 50 pages
File Size : 42,46 MB
Release : 2017
Category :
ISBN :
In response to the recent outcry against the investor-state dispute settlement (“ISDS”) system, the negotiators to the proposed EU-U.S. Transatlantic Trade and Investment Partnership (“TTIP”) have developed an alternative means of investment dispute resolution: the so-called Investment Court System (“ICS”). News agencies, political leaders, and legal scholars have published myriad reactions to the proposal, many of them mixed. But relatively few have asked whether TTIP's negotiators should consider any alternative solutions to ISDS's problems, or whether any such opportunities even exist. To that end, this Note evaluates the ICS in light of the most cogent critiques lodged against ISDS, before considering three alternative modes of investment dispute resolution: a return to the pre-ISDS era, the adoption of a rule-of-law ratings mechanism, and a reformed and updated version of ISDS. Due to the problems inherent in the design of the ICS, including most notably the possibility that its judges would be beholden to state interests, this Note argues that it presents an imperfect solution to ISDS's critiques. Instead, a revised version of ISDS, updated to incorporate certain cost-reduction strategies, regulatory safeguards, and a multilateral ISDS appellate mechanism, theoretically offers the most promising long-term avenue for dealing with the unique circumstances inherent in investor-state disputes. However, because of the practical and political realities of TTIP, namely the souring of public sentiment towards anything ISDS, the most viable solution open to negotiators is a return to the pre-ISDS era.
