MACHINE NAME = WEB 2

DISPUTE SETTLEMENT: INVESTOR-STATE

UNCTAD Series on Issues in International Investment Agreements

This paper is concerned with the settlement of investment disputes between States and private parties. It examines the main aspects of investor-State dispute settlement from the perspective of both the investor and the host State. Considerable attention is paid to the possible approaches with respect to the venue available for resolving investment disputes, starting with the two basic options of:

  1. international third-party dispute settlement procedures and;

  2. dispute resolution before the national courts of the host country.

The paper considers various options that States have when negotiating dispute settlement provisions in international investment agreements. It discusses the implications of each model for the investor and the host country. The paper also discusses a number of procedural issues in order to highlight the main approaches available to host States and investors in the prevailing economic environment.

26 Jul 2003