Del 21 - Nijhoff International Investment Law Series
Mediation as a Mandatory Pre-condition to Arbitration
Alternative Dispute Resolution in Investor-State Dispute Settlement
Inbunden, Engelska, 2022
2 243 kr
Skickas inom 5-8 vardagar
Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation.In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.