ISSN: (Online) 2321 -4155
ISSN: (Print) 2320 -7000

 

JOURNAL OF INDIAN RESEARCH
VOLUME : 5, ISSUE : 2, April-June, 2017 (ISSN No. : 2321-4155)
 
       

AN EMPIRICAL ANALYSIS OF INVESTOR STATEDISPUTE SETTLEMENT MECHANISM: A CASE STUDY OF BILATERAL INVESTMENT TREATIES

Jahangir Ahmad Khan

 
ABSTRACT
This paper critically examines the Investor State Dispute Settlement (ISDS) mechanism in Bilateral Investment Treaties (BITs). After brief introduction of the ISDS, an overview of ISDS case statistics has been presented. However, the problems with international arbitration system under ISDS are the main focus of the paper.ISDS was initially created to depoliticise the investment dispute settlement mechanism. However, in the actual practice, this system came under strong criticism for its flaws like confidentiality, inconsistency and unfairness. Although, several alternate mechanisms at national and regional level were proposed, however, results are insufficient. ISDS system’s roots in private commercial dispute settlement, where secrecy is justified for the sake of business has been explored by other commentators. Some have equated ISDS as a transfer of sovereignty to companies. The paper examines in detail various critique of the ISDS system alongwith few case examples to highlight the problems associated with ISDS system. The paper also suggests available alternate mechanism for the settlement of international investment disputes.
 
KEYWORD
Keywords: Amco Asia Corp. v. Republic of Indonesia case, Bilateral Investment Treaties (BITs), Cooperation and Facilitation of Investment Agreement (CFIA), Investor State Dispute Settlement (ISDS), Ronald S. Lauder v. The Czech Republiccase, Trans-Pacific Partnership (TPP), UNCTAD.  

 

 

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