Edited by Kate Miles
Chapter 9: Procedural issues and innovations in environment-related investor-state disputes
This chapter examines the procedural aspects of environment-related investor-state disputes. It first describes dispute resolution options available under investment treaties and the typical procedural stages in an arbitration. It then examines procedural issues, including transparency and confidentiality, involvement of nonparties, technical experts, site visits and costs management. The chapter reflects on procedural innovations especially suitable for environment-related cases, including specialized rules and panels, alternative methods of dispute resolution and monitoring postaward compliance. The authors draw upon their experience at the Permanent Court of Arbitration, and consider how procedural issues are shaped by two characteristics common in environment-related cases, namely the public interest and technical evidence. The examples discussed demonstrate that arbitration is an adaptable tool for the settlement of environmental disputes. The procedural options available arise not only in investment arbitration, but also in interstate and commercial arbitration, conciliation and other forms of dispute settlement.
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