Full Description
This book examines the international investment agreements and the dispute settlement mechanisms contained therein, which bind the Gulf Cooperation Council member States.
The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member States have experienced increasing investor-state arbitration claims, while their nationals are increasingly instituting investor-state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focussing particularly upon the investor-state dispute settlement experience of member States as respondents, the book also explores the experiences of their nationals as claimants to determine how they can approach investor- state dispute settlement in the future. The book also reflects on existing treaty-making practices, making recommendations for regional-level dispute settlement to improve upon investor-state dispute settlement outcomes.
This book provides a detailed analysis of the global investor-state dispute settlement regime and international investment agreements, and it will be of interest to students, academics, and practitioners with an interest in international investment law and arbitration.
Contents
List of Figures viii
List of Tables ix
Preface x
1 Introduction: Investor-State Dispute Settlement and the GCC Member State Experience 1
2 The GCC Member States and Their International Arbitration Frameworks 19
3 Elements and Emerging Themes in Investor-State Arbitration in the GCC Context 42
4 The GCC Member States as Respondents in ISDS Arbitrations 79
5 The GCC Member States as Home States of Claimants in ISDS Arbitrations 124
6 Intra-GCC Investor-State Arbitrations and Divergence in Approaches 166
7 Domestic Investment Protection and Promotion Legislative and Regulatory Frameworks in the GCC 192
8 ISDS, Islamic Law-Based Investment Agreements and Islamic Finance Principles 228
9 Reflections and Recommendations 252
Index 271
