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Patterns of Investor-State Dispute Settlement Decisions

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  • Kent Jones

    (Babson College)

Abstract

This paper examines the pattern of settlements, investor wins and state wins in investor-state dispute settlement cases, focusing on the impact of arbitration rules, the resources and experience of the litigants, the type of treaty breach under investigation, and the pattern of state intervention. Logistic regression results show that settlements are more likely when investors do not disclose their allegations publicly, when the host state has been involved in a greater number of past cases, and when the respondent state has a higher control-of-corruption rating. Panel awards to investors are more likely in cases of alleged direct expropriation and less likely for indirect expropriation. Panel decisions favoring the state increase with higher per capita income and rule-of-law ratings.

Suggested Citation

  • Kent Jones, 2018. "Patterns of Investor-State Dispute Settlement Decisions," International Advances in Economic Research, Springer;International Atlantic Economic Society, vol. 24(1), pages 79-96, February.
    • Handle: RePEc:kap:iaecre:v:24:y:2018:i:1:d:10.1007_s11294-018-9674-z
    DOI: 10.1007/s11294-018-9674-z
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    References listed on IDEAS

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    1. World Bank, 2015. "World Development Indicators 2015," World Bank Publications - Books, The World Bank Group, number 21634.
    2. World Bank, 2017. "World Development Indicators 2017," World Bank Publications - Books, The World Bank Group, number 26447.
    3. David Gaukrodger & Kathryn Gordon, 2012. "Investor-State Dispute Settlement: A Scoping Paper for the Investment Policy Community," OECD Working Papers on International Investment 2012/3, OECD Publishing.
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    Cited by:

    1. Curran, Louise, 2024. "Investor state dispute settlement (ISDS) and the social licence to operate of international business: An analysis of controversial cases," International Business Review, Elsevier, vol. 33(2).

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    More about this item

    Keywords

    Foreign direct investment; Investor arbitration; International investment agreements;
    All these keywords.

    JEL classification:

    • F01 - International Economics - - General - - - Global Outlook
    • F20 - International Economics - - International Factor Movements and International Business - - - General
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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