NATIONAL LAW UNIVERSITY ODISHA

Rough Draft : Arbitration as an ADR Technique in Investment Law vis a vis Foreign Collaborations

SUBMITTED BY, SREEJAYAN V 2O1O/B.B.A LL.B/52 ABHISHEK V. S 2010/B.B.A LL.B/02

TENTATIVE CHAPTERIZATION Chapter 1: Alternative Dispute Resolution in Investment Law and Arbitration In this Chapter we would be seeing the role played by arbitration in solving the problem related to investment law. It has many advantages over other forms of dispute resolution by being cheaper, less time consuming, etc. We would see the pivotal role played by arbitration in the settlement of disputes. Chapter 2: Alternatives to Arbitration in Investment Law Cases The use of international arbitration has become the most important way of settlement of investment law disputes. In addition to litigation or arbitration, national judiciary systems have been testing, offering and in some areas of the law even generalizing the possibility for claimants to go for non-judicial or alternative means of dispute resolution, generally known as ADR and encompassing various methods such as mediation, conciliation and recourse to third party neutral. This chapter would look further into this scenario in settling investment law disputes. Chapter 3: Investment Arbitration and Enforcement of Awards Almost all of the treaties signed by countries with relation to investment would have an arbitration clause in them. This is done so as to increase the confidence of the investors and to secure their investments. In this chapter, we would be looking at the various methods by which the Arbitration awards can be enforced. We would also be looking at the role of the International Convention on the Settlement of Investment Disputes in settling the investment disputes.