Section outline

  • 3 December 2009
    Palais des Nations, ROOM XXIII

    Investor-State dispute settlement

    International Investment Agreements (IIAs) have the potential to contribute to economic and social development, including by enhancing FDI flows and attendant benefits. Over the years, however, investors have increasingly resorted to the dispute settlement mechanisms included in such IIA, leading to a growing number of treaty-based investor-State dispute settlement (ISDS) cases brought to international arbitration. This raises considerable challenges for host countries, including cost-related challenges, challenges regarding a country’s reputation as an attractive FDI destination and capacity-related challenges. In order to maximize the benefits of IIAs, while minimizing attendant risks, it is of utmost importance that host countries have the capacity to manage - and to the extent possible avoid - such ISDS proceedings. The course aims at offering an initial overview of the key substantive and procedural issues developing countries face in this context.

    Delivered by: Division on Investment and Enterprise