Resolving Disputes in International investment through Arbitration

Koustav Bhattacharjee

doi:10.36948/ijfmr.2024.v06i06.30199

Resolving Disputes in International investment through Arbitration

Author(s)	Koustav Bhattacharjee
Country	India
Abstract	This paper brings forth an extensive analysis of the role of arbitration in resolving disputes in international investment, providing a comparative study of the existing frameworks and emerging alternatives. As cross-border investments continue to grow, disputes between foreign investors and host states have become increasingly common. International arbitration has emerged as the preferred method for resolving such conflicts due to its neutrality, enforceability, and flexibility. The paper explores the key legal instruments governing international investment arbitration, including Bilateral Investment Treaties (BITs), Free Trade Agreements (FTAs), and multilateral agreements like the Energy Charter Treaty. It also examines the two most widely used procedural frameworks: the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL), comparing their distinct approaches to arbitration. While arbitration has proven effective, it faces growing criticisms, including high costs, lengthy proceedings, and concerns about transparency and arbitrator impartiality. The research also highlights regional initiatives, particularly in Latin America and China, which reflect diverse approaches to investment dispute resolution. By comparing these frameworks and emerging trends, the paper sheds light on the strengths, weaknesses, and future direction of international investment arbitration, emphasizing the need for a more transparent, equitable, and accessible system to balance the interests of investors and host states. The analysis concludes by assessing the potential impact of these reforms on the future of international investment law.
Keywords	International Investment, Arbitration
Field	Sociology > Administration / Law / Management
Published In	Volume 6, Issue 6, November-December 2024
Published On	2024-11-09
Cite This	Resolving Disputes in International investment through Arbitration - Koustav Bhattacharjee - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.30199
DOI	https://doi.org/10.36948/ijfmr.2024.v06i06.30199
Short DOI	https://doi.org/g8qtkk

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Resolving Disputes in International investment through Arbitration

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