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Mediation as a Mandatory Pre-condition to Arbitration: Alternative Dispute Resolution in Investor-State Dispute Settlement

ISBN13: 9789004532533
Published: November 2022
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: Price on Application

Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation.

In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.

Arbitration and Alternative Dispute Resolution, Mediation
List of Figures and Tables

1. Introduction
2. Mediation to Address Drawbacks of Domestic and International Commercial Arbitration
3. Mediation to Address Drawbacks of Arbitration in the Investor-State Dispute Settlement Regime
4. Underutilisation of ADR in ISDS - A 'Fork in The Road'?
5. Empirical Analysis of the Validity of Arguments against Mandatory ISM
6. General Conclusions and Recommendations