Investor–state dispute settlement mechanisms were intended to protect companies from the Global North against expropriation by South countries. Since 2000, investor–state have increasingly been used Northern countries obtain compensation for and constrain policy decisions around nationalisation remunicipalisation, as well environmental or social regulation of service provision that threatens co...

fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. while, fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, in waiver clauses, domestic litigation can be followed by treaty arbitration regarding the...

Phase two of the negotiations on African Continental Free Trade Area (AfCFTA) has begun. This phase includes negotiating protocol investment. The International Investment Regime (IIR) allows foreign investors to institute proceedings against states through Investor State Dispute Settlement (ISDS), which is criticised as undergoing a ‘legitimacy crisis’. paper assesses legitimacy ISDS evaluate w...

This paper provides a comprehensive analysis of existing legal frameworks and dispute settlement mechanisms for protecting investor rights in complex cross-border road construction projects while balancing wider public welfare concerns. It examines limitations current investor-state (ISDS) models arbitral practices prevalent bilateral investment treaties contracts. Through extensive review regu...

The Belt and Road Initiative has the potential to update current investment dispute settlement mechanism established by China its partner countries. According practical contexts of region, this article evaluates trade-offs associated with existing, emerging, proposed mechanisms, including informal means, domestic courts, interstate ISDS (Investor-State Dispute Settlement), regional court intern...

When parties bring claims under investor-state dispute settlement (“ISDS”) procedures, who should serve as decision-maker? Relevant ask the question in different settings and with criteria mind. A party a dispute, contemplating ISDS proceedings, whether by it or against it, likely will focus on qualities of particular individuals available to arbitrators. Party-appointed panelists charged appli...

This article analyses intellectual property (IP) disputes in investor-state dispute settlement (ISDS) through the lenses of Third World approaches to international law (TWAIL) and how a reformist TWAIL approach might be used address concerns related IP-ISDS disputes. It has three objectives. First, discuss its readings IP. Using framework, illustrates TWAILers’ positions on Agreement Trade-Rela...