Introduction

Professor Coe's thoughtful article underlines a paradoxical situation in relation to investment-related conciliation: while less adversarial ADR proceedings can over distinct advantages over litigated or arbitrated solutions, anecdotal evidence suggests that investors and States rarely engage in conciliation to re-solve their disputes.[1] Professor Coe rightly notes that the reasons for this situation are controversial, but a review of the most probable sources is illuminating. Counsel for the investor in one ICSID conciliation speculated that "[i]t may be that parties do not ...