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Negotiation and Arbitration of Investor State Disputes
As a foreign investor and a host State are engaged in an investment dispute there is opportunity to resolve the matter without going to litigation or international arbitration. Negotiations can take place before any request for arbitration (RfA) has been submitted, during the course of the arbitration, or even after an unfavorable award has been rendered.
Investment treaties may provide or mandate a period of time to solve the dispute amicably as a preliminary step known as “cooling-off” period before the RfA is submitted. While many investment treaties require such a step or include a period of time for negotiation, negotiation experience leading to successful settlement prior to initiation of an arbitration, are not that common and constitute the subject of this webinar, with an emphasis on cross-border investments in the U.S., Asia and Latin America. The panelists will also touch upon the early actions to initiate arbitration and how such actions may influence successful negotiations or create a healthy basis to further proceed with arbitration.
CONTENT
The business rational for investment treaties.
Protections granted to foreign investments in Asia, US and Latin America. Particularly, the panelists will analyze those international protections based on bilateral investment treaties and investment chapters of free trade agreements signed between the US and countries in Asia and Latin America.
Experiences of negotiations of investment disputes.
Experiences of early actions in investment arbitration proceedings.
2 Participatory MCLE Credits
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