Investor Presentaiton

175 Waiting period and amicable settlement Because the scope of ISDS very much depends on the scope of the treaty as a whole, negotiators should consider the reach of the treaty and in particular: The subject-matter coverage of the treaty (definition of "investment", policy areas excluded (e.g., taxation, government procurement and/or subsidies), other exclusions (existing non-conforming measures)); Range of persons entitled to benefit from the treaty (e.g., dual nationals, permanent residents, "mailbox" companies); Temporal coverage of the treaty (application to investments made before the treaty's entry into force, to disputes or acts occurring before the treaty's entry into force). Cooling-off period. Should negotiators decide to opt for a traditional "cooling-off" period, it is important to frame it with enough detail to make it effective. It is essential to have a precise starting date for this period and to include an investor's legal obligation to notify the specified government agency of the details of the dispute. For additional certainty, States may make their consent to arbitration conditional upon observance of the cooling-off period. Duration of the cooling-off period. It is also important to include a reasonable time-frame for this cooling-off period in order for it to achieve UNCTAD Series on International Investment Agreements II

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