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Regionalism in International Investment Law$
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Leon Trakman and Nicola Ranieri

Print publication date: 2013

Print ISBN-13: 9780195389005

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780195389005.001.0001

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The Icsid and Investor–State Arbitration

The Icsid and Investor–State Arbitration

(p.253) 10 The Icsid and Investor–State Arbitration
Regionalism in International Investment Law

Leon E. Trakman

Oxford University Press

This chapter examines the criticisms leveled against the International Center for the Settlement of Investment Disputes (ICSID) in five particular respects. First, it considers the perceived bias of the ICSID toward wealthy Western states and their investors as an ideological and normative proposition. Second, it evaluates the extent to which the processes of the ICSID incorporate this perceived bias into its institutional mechanisms. Third, it considers whether ICSID arbitration is a viable alternative to domestic courts resolving investment disputes between states and foreign investors. Fourth, it proposes ways in which the ICSID can become a more transparent mechanism for resolving investment disputes. Fifth, it reflects on dispute avoidance alternatives for both arbitration and national courts in resolving investment disputes.

Keywords:   ICSID, arbitration, dispute resolution, national courts, investment law

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