Buch, Englisch, 528 Seiten
Reform, Replace or Status Quo?
Buch, Englisch, 528 Seiten
ISBN: 978-94-035-1755-1
Verlag: Kluwer Law International
- 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.