Settling Investor-State Disputes in the GCC: A Critical Analysis of the Challenges under International Investment Law

<div>\n<p><span>The study critically analyses the challenges and obstacles encountered in resolving investor-state disputes within the Gulf Cooperation Council (GCC) states under the framework of international investment law. The number of established bilateral investment treaties involving GCC states has increased over the past decade to promote foreign direct investment. Most treaties include arbitration provisions as a method of dispute resolution, often governed by international institutions such as the International Centre for Settlement of Investment Disputes (ICSID). However, the difficulty lies in balancing state sovereignty with investor protection in accordance with international investment law. The analysis reveals several anticipated challenges faced by host states due to the growing number of bilateral treaties, particularly as foreign investors raise claims that challenge the host state's regulatory rights. GCC states must adopt measures that limit the risks associated with the Investor-State Dispute Settlement (ISDS) mechanism. The study outlines a series of recommendations to address these challenges while also protecting foreign investors.</span></p>\n</div>\n<div></div>

Authors

Publication Details

Journal
Law and Humanities Quarterly Reviews
Published
2024-11-07
DOI
https://doi.org/10.31014/aior.1996.03.04.133
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Settling Investor-State Disputes in the GCC: A Critical Analysis of the Challenges under International Investment Law

Abdulelah Alsahli
Law and Humanities Quarterly Reviews
International Arbitration and Investment Law
article

Settling Investor-State Disputes in the GCC: A Critical Analysis of the Challenges under International Investment Law

Abdulelah Alsahli
article en

Abstract

<div>\n<p><span>The study critically analyses the challenges and obstacles encountered in resolving investor-state disputes within the Gulf Cooperation Council (GCC) states under the framework of international investment law. The number of established bilateral investment treaties involving GCC states has increased over the past decade to promote foreign direct investment. Most treaties include arbitration provisions as a method of dispute resolution, often governed by international institutions such as the International Centre for Settlement of Investment Disputes (ICSID). However, the difficulty lies in balancing state sovereignty with investor protection in accordance with international investment law. The analysis reveals several anticipated challenges faced by host states due to the growing number of bilateral treaties, particularly as foreign investors raise claims that challenge the host state's regulatory rights. GCC states must adopt measures that limit the risks associated with the Investor-State Dispute Settlement (ISDS) mechanism. The study outlines a series of recommendations to address these challenges while also protecting foreign investors.</span></p>\n</div>\n<div></div>

Law and Humanities Quarterly ReviewsVol. 3(4)
Openalex Percentile: Top 66%
International Arbitration and Investment Law
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