"SETTLEMENT OF DISPUTES" [2020] ELECD 451; in de Nanteuil, Arnaud (ed), "International Investment Law" (Edward Elgar Publishing, 2020) 187

Book Title: International Investment Law

Editor(s): de Nanteuil, Arnaud

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: SETTLEMENT OF DISPUTES

Number of pages: 62

Abstract/Description:

This chapter describes the settlement of disputes between investors and States. It focuses both on the institutional aspect (by describing the different institutions that may handle cases) and on procedure. All the steps of an arbitral proceeding are described, from the negotiation at the beginning of the dispute until the enforcement of the award. It covers all the aspects of the whole process, namely the obligation prior to the reference to the arbitral tribunal, preliminary steps (such as provisional measures), the conditions for the referral to the tribunal and the possible recourses against arbitral awards. The issue of counterclaims is also addressed, as well as enforcement and immunity issues.