The Resolution of International Investment Disputes

The Resolution of International Investment Disputes

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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 Ac?? such as judicial review and class actions Ac?? 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 qmodel procedure, q specifically created for international investment disputes as this would enable the establishment of a qtailor-madeq process for this ever-growing area of law.332 Cf. in general Douglas, supra note 76, at 27. 333 Mann/von Moltke, supra note 16, at 16. 334 Paulsson, supra note 242, at 232, 233. 335 The title of Browera#39;s article on the problems in the growing world of international arbitration, cf.

Title:The Resolution of International Investment Disputes
Author:Mariel Dimsey
Publisher:Eleven International Publishing - 2008-01


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