Author: Matthias Lehmann*
Published: July 2007
Dispute Resolution and Litigation
Description: This article examines the three types of procedures offered for the resolution of investment disputes under NAFTA and CAFTA: arbitration under the ICSID Convention, under the ICSID Additional Facilities Rules, and under the UNCITRAL Rules. The options given raise the following questions: Which dispute resolution methods are available to whom? What are the differences among the different types of arbitration? Which procedure should an investor choose? Should a state become a party to the ICSID Convention? This article answers these questions and gives some hints to both investors and states involved in investment arbitration.
*D.E.A., Université Panthéon-Assis (Paris II); LL.M., Columbia University School of Law; Doctor iris, University of Jena School of Law, Germany; Akademischer Rat (Assistant Professor), University of Bayreuth School of Law and Business, Germany.