Abstract

http://ssrn.com/abstract=2221088
 


 



Investment Treaties between Developed States: The Dilemma of Dispute Resolution


William S. Dodge


University of California Hastings College of the Law

2009


Abstract:     
This paper examines three basic models for resolving investment disputes between developed countries: (1) allowing investors to bring direct claims against host governments without exhausting their remedies in domestic courts as in NAFTA Chapter 11; (2) prohibiting direct investor claims and allowing only state-to-state dispute resolution as in the Australia-U.S. Free Trade Agreement; and (3) allowing arbitration of direct investor claims only after exhaustion of domestic remedies as in the Hong Kong-U.K. Bilateral Investment Treaty. The paper argues that the third option is worth serious consideration.

Number of Pages in PDF File: 18

Keywords: investment disputes, investment agreements, exhaustion of local remedies

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Date posted: February 20, 2013  

Suggested Citation

Dodge, William S., Investment Treaties between Developed States: The Dilemma of Dispute Resolution (2009). Available at SSRN: http://ssrn.com/abstract=2221088 or http://dx.doi.org/10.2139/ssrn.2221088

Contact Information

William S. Dodge (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
415-565-4830 (Phone)
415-565-4865 (Fax)

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