This chapter critically examines the scope for Investor-State Dispute Settlement (ISDS) provisions in a Gulf region trade or investment agreement. ISDS provisions are essentially a group of provisions in a trade or investment agreement that foreign investors can use as an instrument to address foreign investment risk at a macro-level. They are complex and risky instruments which are broadly scoped. ISDS provisions potentially allow for decisions of a State that foreign investors consider lack consistency, transparency and objectivity to be challenged by foreign tribunals.¹ Hence, they are both far-reaching and controversial. The purpose of this chapter, then, is to consider...
|Title of host publication||Intellectual Property Rights|
|Subtitle of host publication||Development and Enforcement in the Arab States of the Gulf|
|Editors||David Price, Alhanoof AlDebasi|
|Place of Publication||Berlin, Germany|
|Number of pages||24|
|Publication status||Published - 2016|
Hallam, A. L., & Price, D. (2016). Do Investor-State Dispute Settlement (ISDS) Provisions Belong in a Gulf Trade Investment Agreement? In D. Price, & A. AlDebasi (Eds.), Intellectual Property Rights: Development and Enforcement in the Arab States of the Gulf (pp. 241-265). Gerlach Press. https://doi.org/10.2307/j.ctt1m3p2h1.15