![best_practicies_bulletin_4.jpg](/sites/default/files/styles/featured_box_portrait_mobile/public/publication/best_practicies_bulletin_4.jpg?h=e03333a1&itok=Qu2RXQmo)
Risks for Host States of the Entwining of Investment Treaty and Contract Claims: Dispute Resolution Clauses, Umbrella Clauses, and Forks-in-the-Road
The Best Practice Advisory Bulletin aims to uncover the defects in IIA drafting that enable investors to forum-shop, to initiate multiple proceedings and to internationalize their contractual and administrative disputes. Second, it aims to show how IIA provisions can be simply drafted so as to minimize involuntary host state exposure to this triple threat. The Bulletin finds that the majority of IIAs surveyed utilize a very broad definition of "dispute" in their dispute resolution clauses, that they contain some form of umbrella clause and lack an effective fork-in-the-road clause. This leaves capital-importing States that are party to these IIAs highly exposed.
You might also be interested in
The Indonesia Cooking Diaries Study
This study evaluates the feasibility and implications of switching from cooking with LPG to induction stoves in Indonesian households.
How the Transition Away From Fossil Fuel Production Can Be Included in New Climate Commitments and Plans
This report describes how countries can reflect the 28th UN Climate Change Conference (COP 28) commitment to transition away from fossil fuels in their nationally determined contributions.
Watts in Store Part 2
Creating an enabling environment for grid battery deployment in South Africa while maximizing key benefits and minimizing social and environmental risks.
Pragmatically Integrating Sustainability Into the Reconstruction of Ukraine
IISD's brief investigates the pragmatic implementation of sustainability measures for rebuilding Ukrainian cities and looks into tangible solutions ready to be implemented during and after the war.