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Enhancing Investor-State Dispute Resolution: Suggestions to Optimize the Effectiveness of Cooling-Off Clauses in International Investment Agreement Negotiations Cover

Enhancing Investor-State Dispute Resolution: Suggestions to Optimize the Effectiveness of Cooling-Off Clauses in International Investment Agreement Negotiations

Open Access
|May 2024

Abstract

The cooling-off clause in international investment agreements, intended to foster amicable dispute resolution before arbitration, often causes varied tribunal interpretations and jurisdictional disputes due to its unclear drafting. This article aims to comprehensively explore the cooling-off clause, covering its definition, the beginning and ending points of the cooling-off period, function, and enforceability in investor-state dispute settlement practice. It also delves into two different approaches adopted by investment tribunals in case of non-compliance with the cooling-off clause. Drawing from this analysis, the article provides recommendations for Vietnam as a host state to ensure the effective application of this clause.

DOI: https://doi.org/10.2478/vjls-2024-0003 | Journal eISSN: 2719-3004 | Journal ISSN: 2719-5872
Language: English
Page range: 44 - 61
Submitted on: Jan 10, 2024
Accepted on: May 10, 2024
Published on: May 26, 2024
Published by: Hochiminh City University of Law
In partnership with: Paradigm Publishing Services
Publication frequency: 3 issues per year

© 2024 Nguyen Thi Lan Huong, Hoang Thi Khanh Hien, published by Hochiminh City University of Law
This work is licensed under the Creative Commons Attribution 4.0 License.