Reform of Investor-State Dispute Settlement: the US Experience
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
By drawing on the U.S. experience with investor-State dispute settlement, the authors' comments focus on how reforms can be achieved through the negotiation of agreements. The authors will not deal separately with alternative dispute resolution methods, which offer a viable avenue for resolving disputes in addition to arbitration (particularly for investors seeking to continue their investments in the host State), and are encouraged in all U.S. international investment agreements. Similarly, the authors will not delve into broader institutional reforms, such as the introduction ...