Investor-State Dispute Settlement Mechanisms in International Trade

ISDS mechanisms play a crucial role in international trade agreements by offering a framework to settle conflicts among investors from abroad and host states and safeguarding investors’ rights. This study focuses on examining the influence of various variables, namely Transparency, legal remedies provision, appointing authority, investor nationality, and economic types, on the outcomes of Investor-State Dispute Settlement (ISDS) cases. The research adopts a quantitative research design, employing online surveys to gather data from 480 individuals who possess expertise and experience in ISDS mechanisms. The collected data is subjected to statistical analysis using SPSS to explore the relationships between the outcomes of ISDS cases and the aforementioned independent variables. The positive results derived from the analysis confirm that each of the examined variables significantly impacts the out-comes of ISDS cases. These findings emphasize the importance of prioritizing transparency, legal remedies, appointing authority, investor nationality, and economic factors in the development and improvement of ISDS mechanisms. Creating an equitable and effective ISDS system is essential to protect investor rights, foster international investment, and ensure a fair and predictable investment environment.

Authors

Publication Details

Journal
European Business Law Review
Published
2025-04-21
DOI
https://doi.org/10.54648/eulr2025029
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Investor-State Dispute Settlement Mechanisms in International Trade

Anas Ratib Alsoud, Khalid AlDweri, Mustafa Al Atiyat
European Business Law Review
International Arbitration and Investment Law
article

Investor-State Dispute Settlement Mechanisms in International Trade

Anas Ratib Alsoud, Khalid AlDweri, Mustafa Al Atiyat
article en

Abstract

ISDS mechanisms play a crucial role in international trade agreements by offering a framework to settle conflicts among investors from abroad and host states and safeguarding investors’ rights. This study focuses on examining the influence of various variables, namely Transparency, legal remedies provision, appointing authority, investor nationality, and economic types, on the outcomes of Investor-State Dispute Settlement (ISDS) cases. The research adopts a quantitative research design, employing online surveys to gather data from 480 individuals who possess expertise and experience in ISDS mechanisms. The collected data is subjected to statistical analysis using SPSS to explore the relationships between the outcomes of ISDS cases and the aforementioned independent variables. The positive results derived from the analysis confirm that each of the examined variables significantly impacts the out-comes of ISDS cases. These findings emphasize the importance of prioritizing transparency, legal remedies, appointing authority, investor nationality, and economic factors in the development and improvement of ISDS mechanisms. Creating an equitable and effective ISDS system is essential to protect investor rights, foster international investment, and ensure a fair and predictable investment environment.

European Business Law ReviewVol. 36(Issue 3)
Openalex Percentile: Top 89%
International Arbitration and Investment Law
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