A Rethink of Investor-State Dispute Settlement

Kluwer Arbitration Blog 2013

5 Pages Posted: 3 Jun 2013

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: May 30, 2013

Abstract

The paper appraises the recent trends towards mediation in investor-state dispute settlement as arbitration is becoming increasingly more formalised as ‘liti-arbitration’ or ‘arbitral litigation’. This is based on several important recent ADR surverys in the USA, EU and Asia-Pacific. The paper points out the failure to understand the desirable style of mediation in such cases as there is a garden variety of mediation styles and very often little care is taken of their respective suitability by proposers while justifying their adoption. It is proposed here that an evaluative-facilitative mediation (EFM) in a structured and sequential manner will prove useful for investor-state disputes for various important reasons which are highlighted. It is also proposed that if mediation reaches an impasse, arbitration can be resorted to as a fallback (i.e. Med-Arb) with the same person as the mediator and arbitrator or a different person as the arbitrator as the parties might agree.

Keywords: Investor-state mediation, Investor-state arbitration, Med-Arb, International investment dispute settlement

Suggested Citation

Maniruzzaman, A. F. M., A Rethink of Investor-State Dispute Settlement (May 30, 2013). Kluwer Arbitration Blog 2013. Available at SSRN: https://ssrn.com/abstract=2273226 or http://dx.doi.org/10.2139/ssrn.2273226

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

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