Investor Presentaiton

8 INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL CONTENTS PREFACE EXECUTIVE SUMMARY INTRODUCTION ................. I. EXPLANATION OF THE ISSUE. A. Historical context... B. Salient features of ISDS and criticisms of it. II. STOCKTAKING AND ANALYSIS. A. Consent to arbitration .13 .18 23 .23 .24 .30 .31 1. Approaches to consent in IIAS 2. Conditions upon which State consent is granted.. 3. Consent to different arbitration forums/rules 4. Duration of consent B. Scope of ISDS 1. Core provisions determining the scope of ISDS 2. Additional provisions limiting the scope of ISDS 3. Provisions determining the scope of the treaty C. Waiting periods and amicable settlement.... 1. Waiting or "cooling-off" period...... 2. Period for negotiations and consultations .31 35 36 .36 .37 .38 .41 .50 .55 .55 .56 3. Notifying the host State of the dispute...... .57 4. Consequences of not following the amicable settlement procedure....... .58 5. Alternative dispute resolution .60 D. Forums for IIA cases .62 1. Available ISDS forums .62 2. ICSID and UNCITRAL: a brief comparison .69 3. Place (seat) of arbitration .78 E. Arbitration and domestic courts........ .79 1. Legal basis for a claim in domestic courts. .81 UNCTAD Series on International Investment Agreements II

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