Title: Investor-state disputes arising from investment treaties :
Authors: United Nations Conference on Trade and Development.
Date: 2005
Publisher: United Nations,
Physical description: x, 96 pages : illustrations ; 21 cm.
Language: English
LC classification: K
Abstract: The settlement of disputes between investors and the states in which they operate is a key aspect of the system of investment protection established in international investment agreements. Thus, the majority of international investment agreements contain provisions on investor-state dispute settlement. These provisions have been increasingly used in recent years, and this has resulted in more arbitral awards. This paper takes stock of, and analyzes, the nature and implications of this trend. In particular, it considers not only the statistical aspects of this development, but also the effects of arbitral decisions on the evolution of dispute settlement procedures under international investment agreements and on the interpretation and further refinement of the substantive standards of protection that they contain.--Publisher's description.
Contents: Key procedural issues: Definition of "investor" and "investment" ; Multiplicity of forums ; Conflict of jurisdictions ; Treaty shopping ; Transparency ; Implications -- Key substantive issues: Right of establishment ; National treatment ; Most-favoured-nation treatment ; Fair and equitable treatment and full protection and security ; Expropriation ; Other legal claims by investors ; Implications -- Conclusions: Procedural issues ; Substantive issues ; The role of the international community -- Annex 1. Known investment treaty claims ; Annex 2. List of cases reviewed.
Notes: At head of title: United Nations Conference on Trade and Development. "UNCTAD/ITE/IIT/2005/4"--P. iii. "United Nations publication sales number E.06.II.D.1"--P. iii.
Subject headings (LCSH): International commercial arbitration.; Investments, Foreign (International law)