Investor Presentaiton
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The following table summarizes key policy options with respect
to individual ISDS elements. It follows the same order as section II,
which can be referred to for treaty examples. Many of these
elements also feature in UNCTAD's Investment Policy Framework
for Sustainable Development (2012).
Table 4. Summary of ISDS policy options
Consent to
arbitration
Scope of ISDS
A State's advance consent to arbitration
provides the most security to investors. While
this is the option most frequently used in IIAS,
other options are also possible.
For example, a contracting party may reserve
its right to give consent, which means that it will
decide whether to give its consent, or to refuse it,
in relation to each specific dispute. This approach
gives the contracting party more flexibility
regarding the ways it wishes to settle each
particular investor-State dispute.
A State's advance consent to arbitration can
also be made conditional on the investor's
meeting certain requirements, such as pursuing
local remedies for a certain period of time or
exhausting them altogether.
Clearly identifying the scope of issues that
can be settled by means of investor-State
arbitration is a key matter to be determined in an
IIA.
ISDS.
Range of disputes subject to
Negotiators need to consider carefully what kind
of disputes they wish to make subject to ISDS. A
narrow formulation ("disputes concerning an
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