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:
Ana Ubilava 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:17 November 2022 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.