A Matrix Analytical Framework for Investment Disputes and Their Settlement

ICSID Review – Foreign Investment Law Journal, 33(3), 629-652, 2018.

24 Pages Posted: 16 Feb 2022

See all articles by Wenhua Shan

Wenhua Shan

Xi'an Jiaotong University (XJTU)

Peng Wang

Xi'an Jiaotong University School of Law

Date Written: February 13, 2018

Abstract

This article proposes a matrix analytical framework (MAF) based on a tridimensional analysis of the economic, political, and social implications of investment disputes. It considers that an appreciation of the three dimensions should be the starting point for the design of investment dispute settlement systems or their reform. Different methods of dispute resolution should be applied to the different categories of investment disputes, depending on the level of their involvement in these dimensions. At different historical stages, different emphasis may be placed on certain dimensions. Applying such a matrix analysis, specific control techniques to exclude, economically filter, politically control, or socially monitor the Investor-State Dispute Settlement (ISDS) mechanism are analysed to match the varied needs of different investment disputes.

Suggested Citation

Shan, Wenhua and Wang, Peng, A Matrix Analytical Framework for Investment Disputes and Their Settlement (February 13, 2018). ICSID Review – Foreign Investment Law Journal, 33(3), 629-652, 2018., Available at SSRN: https://ssrn.com/abstract=4033641 or http://dx.doi.org/10.2139/ssrn.4033641

Wenhua Shan

Xi'an Jiaotong University (XJTU) ( email )

26 Xianning W Rd.
Xi'an Jiao Tong University
Xi'an, Shaanxi 710049
China

Peng Wang (Contact Author)

Xi'an Jiaotong University School of Law ( email )

28 Xianning West Rd.
咸宁西路28号西安交通大学法学院
Xi'an, Shaanxi 710049
China

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