This paper examines two major aspects of the law and policy relating to the international legal system on international investment. The first concerns the objectives and rationale of the international instruments, namely, investment treaties that apply to and underpin international investment law. The aim of such a discourse is to determine if there is a need to reevaluate the need for a continued support for the present approach that seemingly protects and favours the interests of investors over those of the host States. The focus then shifts to the dispute settlement mechanisms that are available to parties in the energy and mining industries embroiled in disputes. As the options are aplenty, this paper will endeavour to highlight the characteristics of the plethora of options. Such an exercise is undertaken with a view of enabling the parties to make an informed judgment as to which process would be best suited to safeguard their interests. In this respect, this paper strongly advocates the reappraisal of the current trend and preference for the alternative dispute resolution process of arbitration over litigation in National Courts. The (re) emergence of International Commercial Courts is significant and it is argued that parties should seriously consider these fora as their preferred choice for the settlement of investment disputes.
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