investment

Investment Arbitration And Financial Products

Investment Arbitration And Financial Products

Unanticipated disputes can sometimes arise when private companies conduct business in a foreign country. However, foreign investors are granted substantive protections through bilateral investment treaties (BITs), therefore in many cases these companies will opt to resolve such disputes through an investor-state arbitration in order to protect their investment.

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Posted by GPC Series in GPC, News
Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

The European Commission (EC) has launched a new public consultation on the EU’s investment dispute resolution policy along with the options for multilateral reform, including the possible establishment of a permanent multilateral investment court.

The EC is now calling for comments on its most recent proposals, urging members of the mediation, conflict management and dispute resolution community to participate in the process. Read more

Posted by Natasha Mellersh in GPC, News
Investor-State Mediation: Not Whether, Or Even When, But How

Investor-State Mediation: Not Whether, Or Even When, But How

It has long been suggested that public bodies are antagonistic to negotiating settlements with private investors. The supposed, underlying rationale is that government officials are reluctant to be seen as compromising the interests of the state, meaning that negotiating is unacceptable. The recently published International Mediation Institute Investor-State Mediation Criteria challenge that assumption.

There is a kernel of truth to every generality. State representatives are indeed appropriately sensitive to the political realities surrounding negotiation and settlement. However, truth be told, states the world over are, in fact, readily entering into negotiated settlements for differences and disputes with investors. Moreover, negotiated settlements are being reached not only for little disputes but also for very large ones. Read more

Posted by GPC Series in GPC, News
New Competency Criteria for Investor-State Mediators

New Competency Criteria for Investor-State Mediators

Investor-state disputes are constantly changing, as are the ways they are being resolved. While arbitration is well known in the area of investor-state disputes, mediation is also beginning to gain ground as a potential choice for some investors.

In September, the International Mediation Institute (IMI) published a comprehensive set of Competency Criteria for Investor-State Mediators, aiming to assist users and providers of dispute resolution services in selecting suitable mediators for disputes between private sector entities and states Read more

Posted by Natasha Mellersh in GPC, News