<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

Criminal Justice and Public Administration, University of Lausanne

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution 4.0 International License.

The cooling-off clause in international investment agreements, intended to foster amicable dispute resolution before arbitration, often causes varied tribunal...

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

Publié en ligne: 26 mai 2024

Pages: 44 - 61

Reçu: 10 janv. 2024

Accepté: 10 mai 2024

DOI: https://doi.org/10.2478/vjls-2024-0003

Mots clés
ADR, BITs, cooling-off period, cooling-off clause, investment arbitration, ISDS, IIAs

© 2024 Nguyen Thi Lan Huong et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

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

Publié en ligne: 26 mai 2024

Pages: 44 - 61

Reçu: 10 janv. 2024

Accepté: 10 mai 2024

DOI: https://doi.org/10.2478/vjls-2024-0003

Mots clésADR, BITs, cooling-off period, cooling-off clause, investment arbitration, ISDS, IIAs

© 2024 Nguyen Thi Lan Huong et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Mots clés
ADR, BITs, cooling-off period, cooling-off clause, investment arbitration, ISDS, IIAs