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Amicable Settlements in Investor-State Disputes: Empirical Analysis of Patterns and Perceived Problems

Amicable Settlements in Investor-State Disputes: Empirical Analysis of Patterns and Perceived... AbstractThis article empirically analyses investor-State arbitration cases that settle amicably after the arbitration has commenced but before the final award is rendered. The study investigates whether, and to what extent, some common criticisms of amicable settlements are evident in practice. It examines four questions that correspond to the major critiques of amicable settlements in investor-State dispute resolution: (1) Are certain types of investor-State disputes unsuitable to be settled amicably? (2) Do amicable settlements impede transparency? (3) Do amicable settlements pay less compared to when investors win? (4) Is the non-enforceability of settlement agreements a problem in practice? The findings suggest that in practice, not all of these purported problematic aspects of dispute resolution mechanisms that result in amicable settlements are as evident as is commonly believed. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Amicable Settlements in Investor-State Disputes: Empirical Analysis of Patterns and Perceived Problems

Journal of World Investment and Trade , Volume 21 (4): 30 – Aug 10, 2020

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-12340183
Publisher site
See Article on Publisher Site

Abstract

AbstractThis article empirically analyses investor-State arbitration cases that settle amicably after the arbitration has commenced but before the final award is rendered. The study investigates whether, and to what extent, some common criticisms of amicable settlements are evident in practice. It examines four questions that correspond to the major critiques of amicable settlements in investor-State dispute resolution: (1) Are certain types of investor-State disputes unsuitable to be settled amicably? (2) Do amicable settlements impede transparency? (3) Do amicable settlements pay less compared to when investors win? (4) Is the non-enforceability of settlement agreements a problem in practice? The findings suggest that in practice, not all of these purported problematic aspects of dispute resolution mechanisms that result in amicable settlements are as evident as is commonly believed.

Journal

Journal of World Investment and TradeBrill

Published: Aug 10, 2020

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