INTERNATIONAL INVESTMENT DISPUTE RESOLUTION

Abstract

This study looks into investment relations developing between the host state and the foreign investor during the settlement of investment disputes. The objectives of the research are to identify the current understanding of the investment dispute, analyze existing legal mechanisms for resolving investment disputes at the international and national levels as well as determine the key issues for improving the international system for settlement of investment disputes with foreign elements. This study discusses the concept of an investment dispute, provides for the analysis of current developments in the classification of investment disputes and identification of investments. As regards dispute resolution, the study addresses mechanisms available for dispute resolution on both pre-trial and litigation stages. Among pre-trial dispute resolution mechanisms, current research discusses such mechanisms as negotiations, mediation, conciliation, etc. For the judicial mechanisms, the focus is on the resolution in the national courts of the host state and international arbitration, with the separate accent placed on the ICSID Arbitration. Additionally, this study discusses the current state of development of investment law in the Republic of Belarus, looking into existing regulations in the sphere of dispute resolution, re-cent developments, and identifies possible future ways for improving national legislation.