Sophie Pouget's “Arbitrating and Mediating Disputes”

Read the following excerpts from Policy Research Working Paper #6632 by Sophie Pouget:

  • Pages 3-5: 1. Introduction, 2. Context and Importance of an Effective Alternative Dispute Resolution System for Foreign Investors;
  • Page 7: AMD Results; and
  • Page 23: Conclusion: Policy implications.

In this paper, Sophie Pouget describes the need of foreign investors to have assurance that disputes in countries throughout the world are settled fairly and in a timely manner. Unfortunately, there is great inconsistency among global economies regarding policy and “best practices.” In her conclusion, Pouget cites several opportunities for improvement arising from the research data including greater flexibility in domestic arbitration regimes, reduction of the length of arbitration proceedings in many parts of the world, and specialized courts with the capacity and experience to deal with commercial arbitral awards. Significantly, many economies have “acceded to the New York Convention to recognize and enforce arbitral awards.”