Investor-state disputes : prevention and alternatives to arbitration / United Nations Conference on Trade and Development.
2010
K3830 .I68575 2010 (Map It)
On loan from Cellar, due 21. Aug 2012
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Items
Details
Title
Investor-state disputes : prevention and alternatives to arbitration / United Nations Conference on Trade and Development.
Published
New York : United Nations, 2010.
Call Number
K3830 .I68575 2010
ISBN
9789211127935
9211127939
9211127939
Description
xxviii, 129 pages : illustrations ; 21 cm.
System Control No.
(OCoLC)666378026
Summary
The UNCTAD publication explores alternatives to investment treaty arbitration and finds that resolving disputes through negotiation or amicable settlement such as international conciliation or mediation and the use of dispute prevention policies can offer promising alternatives. The study encourages States, investors, legal practitioners, arbitration institutions and international organizations to further consider these methods of solving disputes in the context of international investment agreements and investment disputes emerging in the future.
Note
"UNCTAD/DIAE/IA/2009/11"--P. iii.
"United Nations publication. Sales number E.10.II.D.11"--P. iii.
"United Nations publication. Sales number E.10.II.D.11"--P. iii.
Bibliography, etc. Note
Includes bibliographical references (pages [109]-116).
Other Fomats Issued
Also available in an electronic version.
Record Appears in
Government Document Classification Number
UNCTAD/DIAE/IA/2009/11
Added Corporate Author
Table of Contents
Preface
iv
Glossary of Important Terms
xi
Executive Summary
xxii
Introduction
1
I.
Dispute Resolution Through International Arbitration
10
A.
The special nature of investor--State dispute settlement
10
B.
Advantages and disadvantages of international arbitration
13
II.
Alternative Methods of Dispute Resoultion
22
A.
Procedures followed in alternative approaches of dispute resolution
23
B.
Advantages and challenges in applying alternative approaches to ISDS
31
III.
Alternatives to Arbitration in the International Investment Framework
40
A.
Available means negotiated in IIAs
40
B.
Available international rules and dispute resolution institutions referred to in IIAs
53
IV.
Dispute Prevention Policies: Experiences and Good-Practice Approaches
65
A.
Information sharing
66
B.
Targeting sensitive sectors
74
C.
Reinforcing institutional and amicable procedures - administrative review
75
D.
Implementation of ISDS commitments: access to information, inter-institutional arrangements and authority to settle
77
E.
Securing authority to negotiate and settle - budgetary authority
83
F.
Assessing the claim: making all relevant documents available to the lead agency at short notice
85
G.
Institutional response: ombuds and mediation services
86
H.
State-State cooperation in dispute prevention
93
I.
The ability to settle during an arbitration procedure
96
Conclusion
99
References
109
Selected Unctad Publications on Transnational Corporations and Foreign Direct Investment
117
Questionnaire
127