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Investor-State Dispute Settlement and International Investment Agreements: The Case of the Gulf Cooperation Council Member States


ISBN13: 9781032614496
To be Published: June 2024
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



This book examines the international investment agreements and the dispute settlement mechanisms contained therein which bind the Gulf Cooperation Council member states.

The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member states have experienced increasing investor-state arbitration claims, while their nationals are increasingly instituting investor-state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focusing particularly upon the Investor State Dispute Settlement experience of member states as respondents, the book also explores the experiences of their nationals as claimants to determine how they can approach Investor State Dispute Settlement in future. The book also reflects on existing treaty making practices, making recommendations for regional level dispute settlement to improve upon Investor State Dispute Settlement outcomes.

This book provides a detailed analysis of the global investor-state dispute settlement regime and international investment agreements, and will be of interest to students, academics and practitioners with an interest in international investment law and arbitration.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
1. Introduction: Investor State Dispute Settlement and the GCC Member State Experience
2. The GCC Member States and their International Arbitration Frameworks
3. Elements and Emerging Themes in Investor-State Arbitration in the GCC Context
4. The GCC Member States as Respondents in ISDS Arbitrations
5. The GCC Member States as Home States of Claimants in ISDS Arbitrations
6. Intra-GCC Investor-State Arbitrations and Divergence in Approaches
7. Domestic Investment Protection and Promotion Legislative and Regulatory Frameworks in the GCC
8. ISDS, Islamic Law-Based Investment Agreements and Islamic Finance Principles
9. Reflections and Recommendations