1. Reforming Investor-State Arbitration by Recourse to the Domestic Courts of Host States
- Author:
- Armand de Mestral and Lukas Vanhonnaeker
- Publication Date:
- 09-2019
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- In response to concerns raised about investor-state arbitration (ISA), different proposals for reform of this means of dispute settlement have been proposed. One such proposal is to entrust domestic courts with the resolution of investment disputes. Although opting for the resolution of investment disputes before domestic courts has led to some discussion about the advantages and difficulties of this approach, very few studies have analyzed the specificities of domestic regimes in this regard. Many questions remain unanswered, including whether foreign investors have, in practice, access to domestic courts in the host state and whether the remedies available domestically are comparable to those available in ISA. In an attempt to answer some of these questions, a questionnaire was prepared and answered by respondents in 17 countries, in addition to Canada, from different regions of the world.
- Topic:
- Reform, Democracy, Legal Theory, and Investment
- Political Geography:
- United States, Canada, South America, North America, Mexico, and Peru