Introduction

Without getting into the debate as to whether the concept of alternative dispute resolution (ADR) includes "arbitration," the purpose here is to look at the mechanisms, aside from arbitration, available to governments and foreign investors at the International Centre for Settlement of Investment Disputes (ICSID or the Centre) and to consider whether there is a potential role for another such mechanism. Access to the ICSID system of dispute settlement is by consent of the parties to the dispute. Increasingly, such consent can be found in investment promotion and ...