Tech, Media, Telecom Investor-State Arbitration Is On The Rise

By Florencia Villaggi (September 28, 2018, 3:29 PM EDT) -- The resolution of claims from technology, media and telecommunications, or TMT, companies against states through investor-state arbitration is on the rise. There are 68 investor-state cases initiated by investors from the TMT sector. Interestingly, about 50 percent of the concluded cases were settled before a final award, which compares favorably with the 20 percent settlement rate in investment arbitration in general. This would suggest that the initiation of proceedings may give investors more leverage to negotiate a satisfactory settlement, thus increasing the chances of an amicable resolution of the dispute. This article analyses some interesting statistic and survey's findings related to the reported investor-state cases in the TMT sector and provides a brief overview of the factual contexts in which this type of dispute can originate and the legal issues generally involved, in an attempt to understand what is driving those cases to be filed, fought and then — frequently — settled....

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