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The BRIC States and Outward Foreign Direct Investment$
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David Collins

Print publication date: 2013

Print ISBN-13: 9780199652716

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199652716.001.0001

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The Multilateral Agreement on Investment in Services: Dispute Settlement and Compensation

The Multilateral Agreement on Investment in Services: Dispute Settlement and Compensation

Chapter:
(p.187) 8 The Multilateral Agreement on Investment in Services: Dispute Settlement and Compensation
Source:
The BRIC States and Outward Foreign Direct Investment
Author(s):

David Collins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199652716.003.0008

This chapter investigates a proposed regime of dispute settlement for Multilateral Agreement on Investment in Services (MAIS). It also describes the evaluation of compensation. The significance of the inherently flexible and non-intrusive monetary remedy under the proposed MAIS is also explained. The investor-state dispute settlement through International Centre for Settlement of Investment Disputes (ICSID) would be the exclusive recourse available to bring claims for breaches of the MAIS. Webcasting of the main hearings should improve the public perception of ICSID and the MAIS itself. In the context of compensation, the host state should be expected to indicate as soon as practicable that the investor has engaged in behaviour that could potentially result in a decrease in compensation. In anticipating future trends, MAIS dispute settlement stands as a system of flexible yet dependable regulation that will consider the needs of a global economic environment that has not yet arrived.

Keywords:   dispute settlement, mais, compensation, icsid, economic environment, monetary remedy

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