Two factors--the increase in international investment and the increase in international investment agreements--have together led to a growth in the number and severity of treaty-based disputes between host states and individual investors. An increasing number of such disputes are being settled through international arbitration. However, the large amounts of some resulting arbitration awards, the cost to host countries of the arbitral process, and the constraints imposed thereby on the ability of governments to regulate enterprises in their territories have raised questions as to whether means other than arbitration and litigation can be found to resolve treaty-based, investor-State disputes. In short, is there a better way than international arbitration to resolve at least some investor-State disputes? The purpose of this Article is to explore alternative methods for settling such conflicts.
Jeswald W. Salacuse,
Is There a Better Way? Alternative Methods of Treaty-Based, Investor-State Dispute Resolution,
31 Fordham Int'l L.J. 138
Available at: http://ir.lawnet.fordham.edu/ilj/vol31/iss1/6