This report has been prepared by ARGA Observatory and is devoted to the analysis of procedural abuses and unresolved administrative procedures as a systemic source of international investment disputes. The study focuses on practices in which formally lawful administrative and regulatory mechanisms are applied in such a way that investors are deprived of effective judicial protection and legal certainty.
The report examines identified patterns through the lens of the agenda of UNCITRAL Working Group III on the reform of investor–State dispute settlement (ISDS) mechanisms, including issues related to limitation periods, the allocation of arbitration costs, State counterclaims, and the prevention of abuse of process.
The material is based on the analysis of real cases and ARGA’s practical experience in States with transitional economies and is intended for use by international organizations, expert bodies, and institutional stakeholders involved in the reform of investment arbitration and the protection of procedural guarantees.
Citation Rules
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- Date and version indication. For analytical reports, the year of publication is mandatory.
- Link to the original. Electronic materials must be accompanied by an active link to the official website.
- Context preservation. Citations must not be shortened or altered in a way that distorts the original meaning.
- Note on adaptation. If the text is abridged or translated, state: "adapted from ARGA Observatory report".
- No commercial use without written permission from the organization.
- Data accuracy preservation. Charts and tables must be reproduced without changes.