The Investor-State Dispute Settlement System : Reform, Replace or Status Quo?.

Format:

Book

Author/Creator:

Anderson, Alan M.

Contributor:

Beaumont, Ben.

Language:

English

Physical Description:

1 online resource (471 pages)

Other Title:

Investor-State Dispute Settlement System

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2020.

Summary:

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; andimprovements 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.

Contents:

Bringing consistency to investment arbitration : challenges and reform proposals / Ameyavikrama Thanvi

ISDS reform in the EU : are we there yet? / Venetia Argyropoulou

The path of (re)volution of the international investor-state dispute settlement regime : a case study of Bosnia and Herzegovina / Fahira Brodlija

The 2015 India Model BIT and its suitability under ISDS / Rose Maria Sebi & Sandeep Golani & Pallab Das

Chronicles of Middle East in investor-state arbitration : autopsy of prevalent practice trends and future epidemic challenges / Mohamed H. Negm

The rise of NAFTA 2.0 : a case study in effective ISDS reform / Kiran Nasir Gore & Charles H. Camp

Reshaping investor-state dispute settlement through an appellate review mechanism / Margie-Lys Jaime

Arbitrator-made (jurisdictional) law in investment treaty arbitration : application, creation and control / Relja Radovic

State responsibility for acts of state-controlled entities in investor-state dispute settlement / Srilal M. Perera

Striking back : an investor's right to confront its home state's decision to terminate investment protection agreements / Anthony R. Daimsis

Reappraising access to justice in ISDS : a critical review on state recourse to counterclaim / Shahrizal M. Zin

Time for a clean energy charter treaty? Examining the role of ISDS in promoting and protecting renewable energy investments / Guillermo Garcia-Perrote & Ella Wisniewski

Addressing financial access to justice in investment treaty arbitration / Victoria Shannon Sahani

Regulating third-party funding in investor-state arbitration through reform of ICSID and UNCITRAL arbitration rules : holding global institutions to their development mandates / Brooke S. Güven, Frank J. Garcia & Karl M.F. Lockhart & Michael R. Garcia

Alternatives to arbitration in reforming investor-state dispute settlement / Kinda Mohamadieh

Mediation as a method to settle international trade and investment disputes / Herman Verbist

The duty to mitigate : a billion dollar mystery of general principles of law / Kai-chieh Chan & Chuanyu Fan

Challenges in quantifying damages : are damages getting the treatment they deserve by investor-state tribunals? / Ahmed Abdel-Hakam

Improving post-award efficiency : proposed reforms to the ICSID annulment process / Ankita Ritwik & Marryum Kahloon

Enforcement of investment court decisions under the New York convention : a search for defining elements / Brian McGarry.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

94-035-1854-5

94-035-1810-3

OCLC:

1257667800