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Full-Text Articles in Law
Using Investor-State Mediation Rules To Promote Conflict Management, Susan Franck
Using Investor-State Mediation Rules To Promote Conflict Management, Susan Franck
Articles in Law Reviews & Other Academic Journals
International investment treaties offer critical infrastructure for globalization and are one of the backbones of larger dialogues related to the international political economy. As the treaties grant substantive and procedural rights, the capacity of international investors to directly access dispute resolution involving States has been a story of both success and discontent. Investment treaty arbitration, in particular, has been a source of polarization; and stakeholders are actively seeking alternatives to formalized adjudication before ad hoc tribunals. Mediation, in addition to other forms of alternative dispute resolution and conflict management, has become an increasingly vital part of the debate about the …
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …