Investor Presentaiton
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IIAS rarely explicitly mention the possibility of using ADR
techniques. However, some treaties refer to them as part of the
negotiation and consultation process. Thus, the Colombia-Japan BIT
(2011) provides:
"In the event of an investment dispute, the disputing parties
shall, as far as possible, settle the dispute amicably through
consultations and negotiations which may include the use of
non-binding and third-party procedures." (Article 26,
emphasis added).
Only a few treaties suggest conciliation procedures as a separate
step preceding the arbitration (i.e. not part of the amicable
settlement period), even though this step is voluntary. One example
is the India-Sweden BIT (2000), which provides in Article 9:
"2. If such a dispute has not been amicably settled within a
period of six months the Investor that is a party to the dispute
may submit the dispute for resolution according to the
following provisions:
(a) to the courts or administrative tribunals of the
Contracting Party that is a party to the dispute; or
(b) in accordance with any applicable, previously agreed
dispute settlement procedure; or
(c) to international conciliation under the [UNCITRAL]
Rules.
3. Should the investor fail to exercise the options in paragraph
2(a) and (b) of this Article or where the conciliation
proceedings under Article 2 (c) of the paragraph are
terminated other than by the signing of a settlement
agreement, the dispute shall be referred to binding
UNCTAD Series on International Investment Agreements IIView entire presentation