MEDIATION OF INVESTOR-STATE CONFLICTS

MEDIATION OF INVESTOR-STATE CONFLICTSMEDIATION OF INVESTOR-STATE CONFLICTS

 

INTRODUCTION

 
Foreign investment has grown into a large and important part of
the global economy. To facilitate and promote investment, states have
erected an intricate web of treaties guaranteeing legal rights to investors
and permitting those investors to bring claims alleging violations
of those rights in arbitration proceedings against the state. Investorstate
arbitration has exploded along with the burgeoning number of
international investment treaties (IITs), and it has come to resemble
civil litigation in the time and expense involved in bringing the dispute
to a final resolution. As these costs mount for investors and states,
commentators have called for the development of a mediation system
that could facilitate the settlement of investor-state disputes in less
time, with less expense, and with less disruption to investments.

 
Part I of this Note describes the existing dispute resolution system for
investment treaty disputes. Part II explains the mediation process, its
growth in commercial contexts,1 and its place in the investor-state dispute
resolution system. Part III presents the benefits of mediation for investors
and states, and responds to objections. Part IV assesses options
for reform and concludes that interested parties should take the initiative
in creating a private mediation infrastructure for investor-state disputes.

 

MEDIATION OF INVESTOR-STATE CONFLICTS

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