Report on Procedural Abuses and Unresolved Administrative Procedures as a Source of International Investment Disputes
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.
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- No commercial use without written permission from the organization
- Data accuracy preservationCharts and tables must be reproduced without changes.
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