Investor Presentaiton
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INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL
international
arbitration
according to the following
provisions [...]." (Emphasis added).
Clearly, if an IIA does not mention ADR methods, this does not
mean that their use is prohibited. However, more specific language
encouraging or authorizing the use of ADR would be an additional
signal to both parties that these procedures are a viable option worth
much consideration."
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D. Forums for IIA cases
1. Available ISDS forums
IIAS are not uniform as to the types of forums to which
investors may submit their treaty claims. Table 2 sets out a number
of examples of venues and arbitral rules encountered in ISDS
clauses. Arbitration under the ICSID and UNCITRAL rules are the
two options that appear most frequently in IIAS. Due to their
importance, the main differences between these two sets of rules are
reviewed in section II.D.2 below.
Table 2. Types of ISDS forums found in IIAS
Treaty
ASEAN Comprehensive
Investment Agreement
(2009)
.
•
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Available forums/rules
Courts or administrative tribunals
of the host State;
ICSID;
ICSID Additional Facility;
UNCITRAL Rules;
Regional Centre for Arbitration at
Kuala Lumpur or any other
For a more detailed discussion of ADR in the context of IIA arbitration,
see UNCTAD, 2010a; UNCTAD, 2011f.
UNCTAD Series on International Investment Agreements IIView entire presentation