CCPL Fellow Dr Shahla F. Ali and Wilson Mbugua published an article “Dispute Resolution in International and Bilateral Agreements” in Intellectual Property and International Dispute Resolution.
CCPL Fellow Dr Shahla F. Ali and Wilson Mbugua published an article “Dispute Resolution in International and Bilateral Agreements” in Intellectual Property and International Dispute Resolution. The paper first sketches the fabric and the structure ISDS in bilateral investment treaties and how it is applied in practice. It then examines how arbitration tribunals have dealt with the subject of intellectual property rights by focusing on two standards of protections – expropriation and fair and equitable treatment. Lastly, the paper concludes with a discussion on the criticisms facing ISDS and possible paths for reform. Click here for more information.