Dispute settlement

There are a variety of procedural problems with regard to the existing investor State dispute settlement system.

Dispute settlement cases relating to services

Overall, there was a need for precise and accepted rules and a spirit of cooperation to demystify the system of dispute settlement.

The draft articles contained no dispute settlement provisions.

He pointed to several procedural and substantive problems that threatened to undermine the usefulness and legitimacy of the investor State dispute settlement system.

In India's view, any recourse to dispute settlement mechanisms required prior consent of the parties to the dispute.

It was looking forward to working with the OECD on dispute settlement.

(a) Under any dispute settlement procedure applicable between it and the responsible State

To address the concern regarding the multiplication of proceedings with regard to existing Investor State dispute settlement system and the negative impact they could have in terms of development.

Noting that remedies through the courts tended to be expensive, he asked whether a legal aid system existed and whether out of court dispute settlement procedures existed and were used.

(c) Countermeasures must not interfere with any dispute settlement procedures or interrupt any diplomatic channels

1. Any dispute concerning the interpretation or application of the present articles shall be settled expeditiously through peaceful means of settlement chosen by mutual agreement of the parties to the dispute, including negotiations, mediation, conciliation, arbitration or judicial settlement.

Mandatory sanctions should be applied only when all peaceful means of dispute settlement had been exhausted.

3.1.13 Reservations to treaty clauses concerning dispute settlement or the monitoring of the implementation of the treaty

As noted above, the Fund was created with a view to facilitating a decision by parties to a dispute to seek judicial settlement of their dispute through the Court.

We see better prospects for peaceful settlement of the question of Palestine and the Jammu and Kashmir dispute.

Further steps were taken towards a peaceful settlement of the Yenga border dispute between Guinea and Sierra Leone.

4. The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute.

(b) The types of dispute settlement mechanisms available to the different categories of non staff personnel and their effectiveness

(h) Advancing negotiations under the review of the dispute settlement understanding, in accordance with paragraph 1 (f) of the decision

4. Paragraph 3 does not apply if the responsible State fails to implement the dispute settlement procedures in good faith.

Sanctions were an extreme measure and should be imposed only when all peaceful means of dispute settlement had been exhausted.

(b) Views expressed or suggestions made by a party in the conciliation in respect of a possible settlement of the dispute

In this regard, encourage interaction and exchange of experiences between and among developing countries and various institutions dealing with the issue of Investor State dispute settlement system, and in particular, encourage UNCTAD to continue and deepen its work on the matter.

There have been several WTO dispute settlement cases on services. Two cases are particularly crucial, as they relate exclusively to the GATS.

The establishment of a detailed dispute settlement regime would be meaningful only if the draft articles were embodied in an international convention.

The United Nations also continued to help Equatorial Guinea and Gabon mediate a settlement of their dispute over the island of Mbanie.

South Africa would adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute was required in every individual case.

UNMEE is mandated to help the Security Council achieve an overall objective, namely, the peaceful settlement of the dispute between Ethiopia and Eritrea.

The two sides noted that an early settlement of the dispute was vital for promoting peace and stability in the Mano River basin.

If the parties conclude an agreement settling a dispute, that settlement agreement is binding and enforceable ... the enacting State may insert a description of the method of enforcing settlement agreements or refer to provisions governing such enforcement .

Unlike the Set and the above mentioned OECD recommendations, the Uruguay Round agreements are legally binding and are backed by strong dispute settlement mechanisms.

Ibid., citing also Lauterpach, ed., The Suez Canal Settlement A Selection of Documents (1960) Mostofi, The Suez Dispute, 10 Western Political Quarterly 23 (1957).

Since the main objective of the draft principles was to provide guidance for States in the settlement of disputes concerning environmental damage, some delegations considered it most appropriate to include a provision on dispute settlement in the draft principles.

28. Emphasizes that the dispute settlement mechanism of the World Trade Organization is a key element with regard to the integrity and credibility of the multilateral trading system and the full realization of the benefits anticipated from the conclusion of the Uruguay Round of multilateral trade negotiations

As for questions relating to the form that the articles should take and to dispute settlement, his delegation noted, first, that the two issues were related.

Human Rights, Arbitral Tribunals established pursuant to multilateral agreements, the Appellate Body within the WTO Dispute Settlement Understanding, as well as the International Court of Justice.

It also stressed its interest in the work on investor State dispute settlement and the activities of WAIPA and UNCTAD in the area of investment promotion.

The Asian Group also stressed its interest in the work on investor State dispute settlement and the activities of WAIPA and UNCTAD in the area of investment promotion.

The appellant argued that its statements had not been not adequately taken into account by the arbitrators in the settlement of the dispute, which was referred to them.

It was also noted that the two cases mentioned (dispute settlement and monitoring of the implementation of the treaty) were sufficiently different and warranted two separate draft guidelines.

2. Failing an agreement on the means for the peaceful settlement of the dispute within a period of six months, the parties to the dispute shall, at the request of any of them, have recourse to the establishment of an impartial fact finding commission.

It was noted that other remedies or dispute settlement mechanisms, including those contained in human rights instruments, constituted lex specialis and had priority over remedies pursuant to diplomatic protection.

Perhaps the greatest uncertainty concerned the extent to which big US corporations would get what they wanted in the areas of investor government dispute settlement and intellectual property protection. The TPP s critics often neglected to acknowledge that international dispute settlement mechanisms could ever serve a valid purpose, or that some degree of patent protection is needed if pharmaceutical companies are to have sufficient incentive to invest in research and development.