AustLII Home | Databases | WorldLII | Search | Feedback

Edited Legal Collections Data

You are here:  AustLII >> Databases >> Edited Legal Collections Data >> 2019 >> [2019] ELECD 321

Database Search | Name Search | Recent Articles | Noteup | LawCite | Help

Levine, Judith; Peart, Nicola --- "Procedural issues and innovations in environment-related investor-state disputes" [2019] ELECD 321; in Miles, Kate (ed), "Research Handbook on Environment and Investment Law" (Edward Elgar Publishing, 2019) 209

Book Title: Research Handbook on Environment and Investment Law

Editor(s): Miles, Kate

Publisher: Edward Elgar Publishing

ISBN: 9781784714628

Section: Chapter 9

Section Title: Procedural issues and innovations in environment-related investor-state disputes

Author(s): Levine, Judith; Peart, Nicola

Number of pages: 35

Abstract/Description:

This chapter examines the procedural aspects of environment-related investor-state disputes. It first describes dispute resolution options available under investment treaties and the typical procedural stages in an arbitration. It then examines procedural issues, including transparency and confidentiality, involvement of nonparties, technical experts, site visits and costs management. The chapter reflects on procedural innovations especially suitable for environment-related cases, including specialized rules and panels, alternative methods of dispute resolution and monitoring postaward compliance. The authors draw upon their experience at the Permanent Court of Arbitration, and consider how procedural issues are shaped by two characteristics common in environment-related cases, namely the public interest and technical evidence. The examples discussed demonstrate that arbitration is an adaptable tool for the settlement of environmental disputes. The procedural options available arise not only in investment arbitration, but also in interstate and commercial arbitration, conciliation and other forms of dispute settlement.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/ELECD/2019/321.html