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Mandatory investor-state mediation (ISM) as a pre-condition to
arbitration is the way forward for rebalancing the investor-state
dispute settlement (ISDS) regime and tackling its widely criticised
shortcomings. Presenting a comprehensive doctrinal analysis of ISDS
clauses of dozens of treaties, this book reveals that simply
offering ISM in a voluntary format will not increase its
utilisation. In this volume, Ana Ubilava further debunks four
common arguments and misconceptions against mandatory ISM through
an innovative empirical analysis of over 600 investor-state
arbitration cases. She also offers recommendations for
incorporating mandatory ISM in ISDS as a precondition to
arbitration aimed at international policymakers.
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