Dispute Resolution in International and Bilateral Agreements

Heath/Kamperman Sanders (eds.), Intellectual Property and International Dispute Resolution (2019, Kluwer Law International)

University of Hong Kong Faculty of Law Research Paper No. 2019/111

20 Pages Posted: 15 Dec 2019 Last revised: 17 Dec 2019

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Wilson Mbugua

The University of Hong Kong, Faculty of Law, Students

Date Written: October 26, 2019

Abstract

Investor-state dispute settlement (ISDS) claims have mainly centred on impairment of investments by the host state in banking, infrastructure development, mining, among other sectors. Intellectual property as a form of investment is protected by a considerable number of bilateral investment treaties, however, they have rarely been invoked in ISDS claims until recently. This paper sketches the fabric and the structure ISDS in bilateral investment treaties and how it is applied in practice. Secondly, it examines how arbitration tribunals have dealt with the subject of intellectual property rights by focusing on two standards of protections - expropriation and fair and equitable treatment. Lastly, the paper concludes with a discussion on the criticisms facing ISDS and possible paths for reform.

Keywords: ISDS, ISDS reform, IP, International and Bilateral Agreements

JEL Classification: K00

Suggested Citation

Ali, Shahla F. and Mbugua, Wilson, Dispute Resolution in International and Bilateral Agreements (October 26, 2019). Heath/Kamperman Sanders (eds.), Intellectual Property and International Dispute Resolution (2019, Kluwer Law International); University of Hong Kong Faculty of Law Research Paper No. 2019/111. Available at SSRN: https://ssrn.com/abstract=3493466

Shahla F. Ali (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

Wilson Mbugua

The University of Hong Kong, Faculty of Law, Students ( email )

Pokfulam Road
Hong Kong
Hong Kong

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