Mediation as a Mandatory Pre-condition to Arbitration : : Alternative Dispute Resolution in Investor-State Dispute Settlement / / Ana Ubilava.
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...
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| Superior document: | Nijhoff International Investment Law Series ; 21 |
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| Place / Publishing House: | Leiden ;, Boston : : Brill | Nijhoff,, 2023. ©2023 |
| Year of Publication: | 2023 |
| Edition: | 1st ed. |
| Language: | English |
| Series: | Nijhoff International Investment Law Series ;
21. International Law E-Books Online, Collection 2023. |
| Physical Description: | 1 online resource (271 pages) |
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| Other title: | Alternative Dispute Resolution in Investor-State Dispute Settlement Preliminary Material / |
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| Summary: | 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. |
| ISBN: | 9789004532540 |
| Hierarchical level: | Monograph |
| Statement of Responsibility: | Ana Ubilava. |