- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
This article discusses the different options available for the settlement of investment disputes, describing their main advantages and disadvantages. It considers the important aspects of the efficiency of any dispute settlement system, which lies in its ability to avoid uncertainties concerning the appropriate jurisdiction. This article gives a detailed description of the International Centre for Settlement of Investment Disputes system (ICSID). It provides the benefit of a fixed set of rules and the support of an experienced arbitral institution, coupled with the flexibility and autonomy usually associated with the advantages of arbitration. It discusses two mechanisms established under the aegis of ICSID, namely, conciliation and arbitration. It further outlines diplomatic protection, the traditional technique for settling international disputes originating from disagreements between States and private parties, that settles various disputes.
August Reinisch is Professor of International and European Law, University of Vienna, and Professional Lecturer, Bologna Center of SAIS/Johns Hopkins University.
Loretta Malintoppi, Of Counsel, Eversheds, Paris
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