This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. In search of solutions, the author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems, such as judicial review and class actions, to see if these can be applied to investment dispute resolution.
The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution: investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty and consistency.
The author calls for setting up a model procedure specifically created for international investment disputes as this would enable the establishment of a tailor-made process for this ever-growing area of law.
Monday, May 26, 2008
Dimsey: The Resolution of International Investment Disputes: Challenges and Practical Solutions
Mariel Dimsey has published The Resolution of International Investment Disputes: Challenges and Practical Solutions (Eleven International Publishing 2008). Here's the abstract: