THE LEGAL IMPLICATIONS OF INTERNATIONAL INVESTMENT ARBITRATION IN RESOLVING DISPUTES.
Abstract:
International investment arbitration has emerged as a significant mechanism for resolving disputes between foreign investors and host states. This abstract explores the legal implications associated with international investment arbitration as a means of dispute resolution in the context of cross-border investments. The study highlights the key features and stages of the arbitration process, focusing on the legal framework, jurisdictional issues, and the role of investment treaties and arbitration rules.
The abstract examines the potential benefits and challenges of international investment arbitration for both investors and states. It discusses the advantages of arbitration, such as the neutrality of the arbitral tribunal, the enforceability of awards, and the protection of investors’ rights. However, it also considers the criticisms raised against investment arbitration, including concerns related to transparency, the lack of consistency in decision-making, and the potential for regulatory chill.
Furthermore, the abstract analyzes the evolving nature of investment arbitration and its impact on legal practice. It explores recent developments, such as the establishment of specialized investment courts, the inclusion of sustainable development considerations in investment treaties, and the increasing role of third-party funding. The abstract also discusses the challenges posed by the growing public scrutiny of investment arbitration and the need for ensuring transparency, accountability, and legitimacy in the process.
In conclusion, the abstract provides a comprehensive overview of the legal implications of international investment arbitration in resolving disputes. It highlights the significance of investment treaties, arbitration rules, and the role of the arbitral tribunal in shaping the outcomes of investment disputes. The abstract also recognizes the evolving nature of investment arbitration and the necessity of addressing concerns related to transparency, consistency, and public perception to enhance the effectiveness and legitimacy of the system.