Options for Dispute Resolution Under the Investment Chapters of NAFTA and CAFTA – Vol. 16 No. 3-4


Author: Matthias Lehmann*

Published: July 2007

Topics:
Investment Disputes
Dispute Resolution and Litigation
ICSID
UNCITRAL
NAFTA

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.

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*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.