The Resolution of International Investment Disputes: Challenges and Practical Solutions

Mariel Dimsey 9789077596524 | 1 edition, 2008


This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. In search of solutions, the author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems, such as judicial review and class actions, to see if these can be applied to investment dispute resolution.

The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution: investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty and consistency.

The author calls for setting up a model procedure specifically created for international investment disputes as this would enable the establishment of a tailor-made process for this ever-growing area of law.

As investment dispute resolution gains in importance, a book that specifically deals with this issue and suggests ways of improving it, will be of interest to anyone interested in this field.

This is the first volume in our new series International Commerce and Arbitration, which was set up with the aim of establishing a collection of prominent studies in international commercial law and arbitration, aimed at practitioners (e.g. solicitors, in-house counsel, attorneys, arbitrators), in addition to scholars involved in the research and study of international commerce and arbitration.. The series will be a useful source of information for those interested in the latest developments in international commercial law and arbitration.

Author's information

Mariel Dimsey is an Australian lawyer. She has researched widely in the area of international dispute resolution and has completed an LL.M. on investment treaty arbitration at the University of Cologne and a Ph.D. summa cum laude on investment treaty arbitration in Switzerland. She currently works in the international arbitration team of an international law firm in Frankfurt and specialises in investment treaty arbitration. Previous positions include lecturing at the University of Cologne and the University of Basel. Further publications include co-authorship of the book, International Sales Law (Routledge Cavendish: 2006), which addresses the legal framework of international commerce from a comparative and transnational perspective.


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