@article{ART002465104},
author={Lee, Se-In},
title={Various Methods of Investor-State Dispute Settlement},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2019},
number={25},
pages={139-162},
doi={10.31839/ibt.2019.04.25.139}
TY - JOUR
AU - Lee, Se-In
TI - Various Methods of Investor-State Dispute Settlement
JO - Journal of International Business Transactions Law
PY - 2019
VL - null
IS - 25
PB - The Institute for Legal Studies Dong-A University
SP - 139
EP - 162
SN - 2982-5903
AB - This article explains different methods of Investor-State Dispute Settlement (ISDS), focusing on the investor-state disputes brought against the government of the Republic of Korea. Although some Korean literatures explain as if ISDS is just one arbitration process, there are in fact various methods of ISDS such as negotiation, mediation, arbitration, and litigation. Even in arbitration, there are different methods depending on the arbitration rules and institutions selected by the parties. Most investment agreements between nations also allow investors to choose from multiple ISDS methods including arbitration, mediation and litigation.
There have been eight investor-state arbitration cases brought against Korean government as of March, 2019. First three cases were brought as ICSID arbitration, and the later five cases were brought as arbitration by UNCITRAL arbitration rules. The investors who filed the second and the third ICSID cases in 2012 and 2015 also brought direct legal actions against Korean tax authority in Korean national courts. Concerning these two cases, it should be noted although most investment agreements between nations do not allow the same investor-state dispute to be brought both to arbitration and to litigation, there are some exceptions such as a suit for injunctive interim relief.
It is important for law practitioners to understand the characteristics of different methods of ISDS and make appropriate strategies to deal with them. Also for Korean government, it is necessary to carefully consider which methods of ISDS to provide at the time of negotiating investment agreements.
KW - Investor State Dispute Settlement;ISDS;Investor State Arbitration;Investor State Mediation;International Center for Settlement of Investment Disputes;UNCITRAL Arbitration Rules;Permanent Court of Arbitration;Investment Agreement
DO - 10.31839/ibt.2019.04.25.139
ER -
Lee, Se-In. (2019). Various Methods of Investor-State Dispute Settlement. Journal of International Business Transactions Law, 25, 139-162.
Lee, Se-In. 2019, "Various Methods of Investor-State Dispute Settlement", Journal of International Business Transactions Law, no.25, pp.139-162. Available from: doi:10.31839/ibt.2019.04.25.139
Lee, Se-In "Various Methods of Investor-State Dispute Settlement" Journal of International Business Transactions Law 25 pp.139-162 (2019) : 139.
Lee, Se-In. Various Methods of Investor-State Dispute Settlement. 2019; 25 : 139-162. Available from: doi:10.31839/ibt.2019.04.25.139
Lee, Se-In. "Various Methods of Investor-State Dispute Settlement" Journal of International Business Transactions Law no.25(2019) : 139-162.doi: 10.31839/ibt.2019.04.25.139
Lee, Se-In. Various Methods of Investor-State Dispute Settlement. Journal of International Business Transactions Law, 25, 139-162. doi: 10.31839/ibt.2019.04.25.139
Lee, Se-In. Various Methods of Investor-State Dispute Settlement. Journal of International Business Transactions Law. 2019; 25 139-162. doi: 10.31839/ibt.2019.04.25.139
Lee, Se-In. Various Methods of Investor-State Dispute Settlement. 2019; 25 : 139-162. Available from: doi:10.31839/ibt.2019.04.25.139
Lee, Se-In. "Various Methods of Investor-State Dispute Settlement" Journal of International Business Transactions Law no.25(2019) : 139-162.doi: 10.31839/ibt.2019.04.25.139
