Article

Methods of Dispute Resolution

August Reinisch and Loretta Malintoppi

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0018

Series: Oxford Handbooks in Law

 Methods of Dispute Resolution

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This article discusses the different options available for the settlement of investment disputes, describing their main advantages and disadvantages. It considers the important aspects of the efficiency of any dispute settlement system, which lies in its ability to avoid uncertainties concerning the appropriate jurisdiction. This article gives a detailed description of the International Centre for Settlement of Investment Disputes system (ICSID). It provides the benefit of a fixed set of rules and the support of an experienced arbitral institution, coupled with the flexibility and autonomy usually associated with the advantages of arbitration. It discusses two mechanisms established under the aegis of ICSID, namely, conciliation and arbitration. It further outlines diplomatic protection, the traditional technique for settling international disputes originating from disagreements between States and private parties, that settles various disputes.

Keywords: investment disputes; settlement; jurisdiction; conciliation; arbitration

Article.  13096 words. 

Subjects: Law ; International Law

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