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State-to-state Arbitration based on International Investment Agreements : Scope, Utility and Potential / by Angshuman Hazarika
(EYIEL Monographs - Studies in European and International Economic Law. ISSN:25246666 ; 10)

Publisher	(Cham : Springer International Publishing : Imprint: Springer)
Year	2021
Edition	1st ed. 2021.
Authors	*Hazarika, Angshuman author SpringerLink (Online service)

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Links to the text	Location	Volume	Call No.	Barcode No.	Status	Comments	ISBN	Printed	Restriction	Reserve
Links to the text	Library Off-campus access			OB00170422		Springer Law and Criminology eBooks (電子ブック)	9783030500351

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Material Type	E-Book
Media type	機械可読データファイル
Size	XV, 252 p. 1 illus : online resource
Notes	1. Investment Dispute Settlement and the Position of State-to-State Arbitration in Investment Law -- 2. Framework for State-to-State Arbitration under the Compromissory Clause in an IIA -- 3. Utilisation of State-to-State Arbitration Based on the Compromissory Clause in Practice -- 4. Resolution of Procedural Hurdles in Utilising State-to-State Arbitration under IIAs -- 5. Coexistence of State-to-State Arbitration under IIAs with other Forums of Dispute Resolution and Treaty Interpretation -- 6. Additional Suggestions for Developing State-to-State Arbitration as an Effective Means of Dispute Resolution -- 7. Conclusion This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book’s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award HTTP:URL=https://doi.org/10.1007/978-3-030-50035-1
Subjects	LCSH:Mediation LCSH:Dispute resolution (Law) LCSH:Arbitration (Administrative law) LCSH:International law LCSH:Trade regulation LCSH:Commercial law LCSH:European Economic Community LCSH:International economic relations FREE:Dispute Resolution, Mediation, Arbitration FREE:International Economic Law, Trade Law FREE:European Economic Law FREE:International Economics
Classification	LCC:K5459 DC23:347.09
ID	8000073046
ISBN	9783030500351