Investors often claim that a breach by a conciliation clause can be “raised” under an investment agreement in order to obtain the protection and remedies available under the corresponding contract. States often respond that an infringement entitles an investor only to contractual remedies. The protection of BITs and MITs is independent of the contractual rights that investors may have vis-à-vis the host State. A question that often arises in investment contract law is whether contractual infringement rights create rights arising from investment contracts. Investment conflicts can also be negotiated in other for a. Of all the investment disputes known to have been referred to arbitration, the vast majority have been filed with ICSID or under the ICSID Supplementary Facility (which provides for ICSI arbitration proceedings in circumstances where one of the parties is not a Contracting State (or a national of such a State). The Stockholm Chamber of Commerce, the Permanent Court of Arbitration in The Hague and the International Chamber of Commerce (ICC) and UNCITRAL have also been selected by the parties to resolve investment disputes. An investor may conclude an investment contract with a host State. Such contracts in the extractive industry are, for example, concession contracts and production participation contracts, in which investors enjoy some protection to invest in the exploitation of a State`s natural resources.
The investment contract can protect investors against legislative or regulatory changes that harm their interests. However, the effectiveness of these clauses in relation to the measures taken by the State may vary. Statistics show the rapid expansion of CEWs over the past two decades. By the end of 2007, the total number of AIIs had already exceeded 5500 and increasingly included the conclusion of PDOs with a focus on investment issues. As the types and contents of IIAs are increasingly diverse and almost all countries are involved in the conclusion of new A.A., the global IIA system has become extremely complex and difficult to pin down. This problem has been compounded by the shift of many states from a bilateral model of investment agreement to a regional model, without completely replacing the existing framework, which has led to an increasingly complex and dense network of investment agreements that will certainly contradict and overlap more and more. . . .