Becoming 'Investor-State Mediation'

Penn State Journal of Law & International Affairs, Vol. 1, No. 1, 2012

Penn State Law Research Paper No. 25-2012

Marquette Law School Legal Studies Paper No. 12-29

12 Pages Posted: 24 Sep 2012 Last revised: 17 Dec 2012

See all articles by Nancy Welsh

Nancy Welsh

Texas A&M University School of Law

Andrea Kupfer Schneider

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: April 24, 2012

Abstract

While the current system of investment treaty arbitration has definitely improved upon the “gunboat diplomacy” used at times to address disputes between states and foreign investors, there are signs that reform is needed. Increasingly, states and investors express concerns regarding the costs associated with the arbitration process; some states are refusing to comply with arbitral awards; other states now hesitate to sign new bilateral investment treaties; and citizens have begun to engage in popular unrest at the prospect of investment treaty arbitration. As a result, both investors and states are advocating for the use of mediation to supplement investor-state arbitration. This paper explains how mediation could be used in the investor-state context.

Keywords: arbitration, mediation, investment, investor

Suggested Citation

Welsh, Nancy and Schneider, Andrea Kupfer, Becoming 'Investor-State Mediation' (April 24, 2012). Penn State Journal of Law & International Affairs, Vol. 1, No. 1, 2012, Penn State Law Research Paper No. 25-2012, Marquette Law School Legal Studies Paper No. 12-29, Available at SSRN: https://ssrn.com/abstract=2151388

Nancy Welsh

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX Tarrant County 76102
United States

Andrea Kupfer Schneider (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

HOME PAGE: http://cardozo.yu.edu/directory/andrea-schneider

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