Authors:
- Deals specifically with state-to-state arbitration arising from investment agreements and discusses options for resolution of its procedural hurdles
- Presents state-to-state arbitration as a novel alternative for investment dispute settlement
- Addresses the co-existence of different dispute settlement forums in investment law, which is a widely debated topic
Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 10)
Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)
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Table of contents (7 chapters)
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Front Matter
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Back Matter
About this book
This book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration.
The book’s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
Keywords
- State-to-state arbitration
- Interstate arbitration
- Investment arbitration
- state-state arbitration
- interstate arbitration based on investment agreements
- interstate disputes and bilateral investment treaties
- compromissory clause
- alternatives to investor state arbitration
- interstate dispute settlement
- diplomatic protection through investment agreements
Authors and Affiliations
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Saarland University, Saarbrücken, Germany
Angshuman Hazarika
About the author
Angshuman Hazarika is a qualified lawyer from India with research interests in International Economic Law and specific focus on International Trade Law and International Investment Law. He obtained his Bachelors degree in Law from Rajiv Gandhi National University of Law, India and subsequently completed his LL.M. at Europa-Institut, Saarland University with the Angela Merkel Scholarship from DAAD. After completion of his degree he worked as a Research Associate at the Chair of Prof. Dr. Marc Bungenberg LL.M. in Saarland University and simultaneously pursued his doctoral research under his guidance.
Bibliographic Information
Book Title: State-to-state Arbitration based on International Investment Agreements
Book Subtitle: Scope, Utility and Potential
Authors: Angshuman Hazarika
Series Title: European Yearbook of International Economic Law
DOI: https://doi.org/10.1007/978-3-030-50035-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-50034-4Published: 15 September 2020
Softcover ISBN: 978-3-030-50037-5Published: 16 September 2021
eBook ISBN: 978-3-030-50035-1Published: 14 September 2020
Series ISSN: 2364-8392
Series E-ISSN: 2364-8406
Edition Number: 1
Number of Pages: XV, 252
Number of Illustrations: 1 b/w illustrations
Topics: Dispute Resolution, Mediation, Arbitration, International Economic Law, Trade Law, European Economic Law, International Economics