Overview
- Represents the first comprehensive study on the relationship between ISDS and national courts
- Offers a systematic analysis of current and future interactions between investment arbitration and domestic courts
- Deals with the role of domestic courts in potential ISDS reform scenarios
Part of the book series: European Yearbook of International Economic Law (EUROYEAR)
Part of the book sub series: Special Issue (Spec. Issue)
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About this book
The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty contextand assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.
The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.
Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
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Keywords
Table of contents (5 chapters)
Authors and Affiliations
About the authors
Michele Potestà is a senior researcher at CIDS, where he is involved in a research project dealing with the reform of investor-state dispute settlement (ISDS). Within that framework, he has co-authored for UNCITRAL the First CIDS Report on ISDS Reform and the CIDS Supplemental Report. From 2010 to 2013, he was a lecturer at the Geneva LL.M. in International Dispute Settlement (MIDS), where he taught both investment and commercial arbitration. He has authored numerous publications on issues of investment treaty law and arbitration. Michele is also an attorney at Lévy Kaufmann-Kohler in Geneva, practicing international commercial and investment arbitration.
Bibliographic Information
Book Title: Investor-State Dispute Settlement and National Courts
Book Subtitle: Current Framework and Reform Options
Authors: Gabrielle Kaufmann-Kohler, Michele Potestà
Series Title: European Yearbook of International Economic Law
DOI: https://doi.org/10.1007/978-3-030-44164-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2020
Hardcover ISBN: 978-3-030-44163-0Published: 30 June 2020
Softcover ISBN: 978-3-030-44166-1Published: 18 September 2020
eBook ISBN: 978-3-030-44164-7Published: 29 June 2020
Series ISSN: 2364-8392
Series E-ISSN: 2364-8406
Edition Number: 1
Number of Pages: X, 117
Number of Illustrations: 1 b/w illustrations
Topics: Dispute Resolution, Mediation, Arbitration, International Economic Law, Trade Law, International Economics