Investment Treaties between Developed States: The Dilemma of Dispute Resolution

18 Pages Posted: 20 Feb 2013  

William S. Dodge

University of California, Davis - School of Law

Date Written: 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.

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

Suggested Citation

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

William S. Dodge (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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