Mediation as a Mandatory Pre-condition to Arbitration : Alternative Dispute Resolution in Investor-State Dispute Settlement / Ana Ubilava.

By:

Ubilava, Ana [author.]

Material type:

TextLanguage: English Series: Nijhoff International Investment Law Series ; 21. | International Law E-Books Online, Collection 2023Description: 1 online resourceISBN:

9789004532533
9789004532540

Other title:

Alternative Dispute Resolution in Investor-State Dispute Settlement

Subject(s):

Additional physical formats: Print version:: Mediation as a Mandatory Pre-condition to Arbitration : Alternative Dispute Resolution in Investor-State Dispute Settlement.DDC classification:

341.5/2 23

LOC classification:

KZ6045

Online resources:

Click here to access online

Contents:

Preliminary Material / Ana Ubilava -- Copyright Page / Ana Ubilava -- Dedication / Ana Ubilava -- Foreword / Jaemin Lee -- Abbreviations / Ana Ubilava -- Chapter 1 Introduction / Ana Ubilava -- Chapter 2 Mediation to Address Drawbacks of Domestic and International Commercial Arbitration / Ana Ubilava -- Chapter 3 Mediation to Address Drawbacks of Arbitration in the Investor-State Dispute Settlement Regime / Ana Ubilava -- Chapter 4 Underutilisation of ADR in ISDS - A 'Fork in the Road'? / Ana Ubilava -- Chapter 5 Empirical Analysis of the Validity of Arguments against Mandatory ISM / Ana Ubilava -- Chapter 6 General Conclusions and Recommendations / Ana Ubilava -- Annexes / Ana Ubilava -- Bibliography / Ana Ubilava -- Index / Ana Ubilava.

Summary: Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.

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Holdings
Cover image	Item type	Current library	Home library	Collection	Shelving location	Call number	Materials specified	Vol info	URL	Copy number	Status	Notes	Date due	Barcode	Item holds	Item hold queue priority	Course reserves
	Electronic Books	CUTN Central Library				341.5/2 (Browse shelf(Opens below))			Link to resource		Available			EB04543

Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.