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Using Investor-State Mediation Rules to Promote Conflict Management: An Introductory Guide

25 Pages Posted: 1 Apr 2014 Last revised: 10 Apr 2014

Susan D. Franck

American University - Washington College of Law

Date Written: February 2, 2014

Abstract

International investment disputes arising out of investment treaties are a matter of heated debate and the appropriately normative method of channeling investment-related conflict is of increasing concern. This article serves two core purposes. First, it provides a detailed overview of investor-state mediation to offer a mapping exercise about how parties to investment investment treaty disputes may best consider how to manage their treaty conflict. To do so, it explores different models of mediation and offers an overall framework that moves beyond a pure adversarial approach to dispute settlement and considers alternative methodologies that may add value to the dispute settlement process. Second, it provides empirical data from the most recent generation of data related to case outcomes. It identifies the average length of cases, the overall fiscal costs related to investment treaty arbitration, and basic outcome data. In doing so, it articulates a business case for parties seriously considering the potential value of arbitration and moving to alternative methods of dispute resolution -- as a substitute to or compliment for -- existing practices of dispute settlement.

Keywords: ICSID, investor-state arbitration, investment treaty arbitration, foreign investment, mediation, dispute resolution, conflict theory, dispute systems design, litigation, investment treaty, IIA

JEL Classification: C78, F02, F13, F21, F30, H77, H87, K33, K41, K20, O1, O2, D7

Suggested Citation

Franck, Susan D., Using Investor-State Mediation Rules to Promote Conflict Management: An Introductory Guide (February 2, 2014). Washington & Lee Legal Studies Paper No. 2014-13. Available at SSRN: https://ssrn.com/abstract=2389763 or http://dx.doi.org/10.2139/ssrn.2389763

Susan D. Franck (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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