Settlement of Disputes between Foreign Investors and the State Receiving Investments: Following the Example of the Free Trade Agreement between South Korea and the United States of America

The article considers the problems of investor-State dispute settlement (ISDS) through investment arbitration The author specifically focuses on problems within the framework of bilateral investment treaties (BIT) and free trade agreements (FTA). International investment disputes, which this article refers to, arise between foreign investors and the State receiving investment. Investor-State dispute settlement (ISDS) is the process of the settlement of such disputes by arbitration. In other words, it is a "third person acting as an intermediary between the parties in dispute, to hear and settle such dispute " If such disputes were settled in a really reasonable and fair manner by means of this method, the developed countries such as the United States and Australia would not have refused it Thus, the system of investment arbitration has not proved its stability at the international level.

investor-State dispute settlement (ISDS), bilateral investment treaties (BIT), Free Trade Agreement (FTA), international arbitration process, investment arbitration, International Centre for Settlement of Investment Disputes (ICSID), expropriation, foreign direct investment (FDI), exclusive privileges, North American Free Trade Area (NAFTA)

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