Comparative Costs and Financing of Permanent Dispute Settlement Mechanisms

Titi, Catharine; Baetens, Freya; Howse, Robert; Menkes, Marcin; Abah, Walter Elochukwu

doi:10.2139/ssrn.4130295

Cited by 2 publications

(1 citation statement)

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“…If this project succeeds, it would eliminate user fees (or user fees would be very low). 156 the establishment of a multilateral investment court with permanent judges could also help reduce party costs. According to the EU, the different concerns about ISDS are systemic and intertwined.…”

Section: Rules Intended To Reduce the Overall Costs Of The Dispute Se...mentioning

confidence: 99%

Facilitating Access to Investor-State Dispute Settlement for Small and Medium-Sized Enterprises: Tracing the Path Forward

Gómez,

Titi

2023

EULR

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The costs of accessing investor-state dispute settlement (ISDS) are notoriously high. International investment treaties and investment dispute settlement in particular have been primarily designed with large investors in mind – those with the means to access an international tribunal –, while small and medium-sized enterprises (SMEs) and individual or vulnerable investors can face significant barriers to accessing ISDS. This article is the first in legal scholarship to identify and evaluate the diverse opportunities that exist for the establishment and operation of mechanisms allowing SMEs better and easier access to ISDS. Drawing on the wealth of comparative experience from the functioning of existing dispute settlement assistance mechanisms in international courts and tribunals, the article argues that legal assistance is a more efficient and cost-effective tool than financial assistance and presents concrete proposals for the funding and operation of such a mechanism for SMEs. Finally, the article examines the political cost involved in facilitating SMEs’ access to ISDS, in light of the fact that some states have been increasingly wary of ISDS, but it weighs this challengeagainst the imperative of ensuring effective access to justice. Small and medium-sized enterprises (SMEs), investor-state dispute settlement (ISDS), United Nations Commission on International Trade Law (UNCITRAL), access to justice, international investment agreements (IIAs), advisory centre on international investment law, procedural costs, legal assistance funds, expedited proceedings, UNCItRAL Working Group III

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Section: Rules Intended To Reduce the Overall Costs Of The Dispute Se...mentioning

confidence: 99%