Designing a Hybrid Dispute Resolution Process in Investor-State Dispute Settlement
Article from: TDM 5 (2022), in Mediation & ADR
The paper proposes the use of a hybrid dispute resolution mechanism in investor-state dispute settlement. While hybrid dispute resolution mechanisms can take a variety of forms, this paper focuses on a mechanism that combines arbitration and mediation into one integrated dispute resolution system. The purpose of this paper is to examine how mediation can be integrated into a hybrid dispute resolution mechanism. Mediation is not likely to replace arbitration as the main mechanism for the resolution of investor-state disputes. Instead, parties can take advantage of the benefits ...