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Mediation as a Mandatory Pre-condition to Arbitration

Alternative Dispute Resolution in Investor-State Dispute Settlement

Ana Ubilava

$423.95   $339.05

Hardback

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English
Martinus Nijhoff
17 November 2022
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.
By:  
Imprint:   Martinus Nijhoff
Volume:   21
Dimensions:   Height: 235mm,  Width: 155mm,  Spine: 23mm
Weight:   580g
ISBN:   9789004532533
ISBN 10:   9004532536
Series:   Nijhoff International Investment Law Series
Pages:   272
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active

Ana Ubilava, PhD, University of Sydney, teaches Public International Law at the Sydney Law School. She has published widely on the topic of investor-state dispute settlement with a focus on investor-state mediation.

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