Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

Managing the Dispute Resolution Process in the Energy and Mining Sectors

Authors
Choong Yeow Choy
Corresponding Author
Choong Yeow Choy
Available Online September 2018.
DOI
10.2991/iceml-18.2018.16How to use a DOI?
Keywords
dispute resolution, energy, mining, investment disputes
Abstract

This paper examines two major aspects of the law and policy relating to the international legal system on international investment. The first concerns the objectives and rationale of the international instruments, namely, investment treaties that apply to and underpin international investment law. The aim of such a discourse is to determine if there is a need to reevaluate the need for a continued support for the present approach that seemingly protects and favours the interests of investors over those of the host States. The focus then shifts to the dispute settlement mechanisms that are available to parties in the energy and mining industries embroiled in disputes. As the options are aplenty, this paper will endeavour to highlight the characteristics of the plethora of options. Such an exercise is undertaken with a view of enabling the parties to make an informed judgment as to which process would be best suited to safeguard their interests. In this respect, this paper strongly advocates the reappraisal of the current trend and preference for the alternative dispute resolution process of arbitration over litigation in National Courts. The (re)emergence of International Commercial Courts is significant and it is argued that parties should seriously consider these fora as their preferred choice for the settlement of investment disputes

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
Series
Advances in Economics, Business and Management Research
Publication Date
September 2018
ISBN
978-94-6252-576-4
ISSN
2352-5428
DOI
10.2991/iceml-18.2018.16How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Choong Yeow Choy
PY  - 2018/09
DA  - 2018/09
TI  - Managing the Dispute Resolution Process in the Energy and Mining Sectors
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 64
EP  - 68
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.16
DO  - 10.2991/iceml-18.2018.16
ID  - Choy2018/09
ER  -