LEADER 03566nam 2200481 450 001 9910484872403321 005 20210210182509.0 010 $a3-030-50035-7 024 7 $a10.1007/978-3-030-50035-1 035 $a(CKB)4100000011457896 035 $a(MiAaPQ)EBC6350723 035 $a(DE-He213)978-3-030-50035-1 035 $a(PPN)250221411 035 $a(EXLCZ)994100000011457896 100 $a20210210d2021 uy 0 101 0 $aeng 135 $aurnn|008mamaa 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aState-to-state arbitration based on international investment agreements $escope, utility and potential /$fAngshuman Hazarika 205 $a1st ed. 2021. 210 1$aCham, Switzerland :$cSpringer,$d[2021] 210 4$dİ2021 215 $a1 online resource (XV, 252 p. 1 illus.) 225 1 $aEuropean Yearbook of International Economic Law ;$vVolume 10 311 $a3-030-50034-9 327 $a1. Investment Dispute Settlement and the Position of State-to-State Arbitration in Investment Law -- 2. Framework for State-to-State Arbitration under the Compromissory Clause in an IIA -- 3. Utilisation of State-to-State Arbitration Based on the Compromissory Clause in Practice -- 4. Resolution of Procedural Hurdles in Utilising State-to-State Arbitration under IIAs -- 5. Coexistence of State-to-State Arbitration under IIAs with other Forums of Dispute Resolution and Treaty Interpretation -- 6. Additional Suggestions for Developing State-to-State Arbitration as an Effective Means of Dispute Resolution -- 7. Conclusion. 330 $aThis book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book?s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award. 410 0$aEuropean yearbook of international economic law ;$vVolume 10. 606 $aInternational commercial arbitration 606 $aInvestments$xLaw and legislation 615 0$aInternational commercial arbitration. 615 0$aInvestments$xLaw and legislation. 676 $a341.522 700 $aHazarika$b Angshuman$01225692 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910484872403321 996 $aState-to-state arbitration based on international investment agreements$92845784 997 $aUNINA