Negotiating for Dispute Settlement in Transnational Mineral Contracts: Current Practice, Trends, and an Evaluation from the Host Country's Perspective
Article from: OGEL Archive issue , in International Oil, Gas & Energy Dispute Management
Transnational investment contracts between transnational enterprises (TNEs) and host countries, particularly developing countries, have been shrouded in a veil of secrecy for a long time. Such secrecy may have been due mainly to the often onesided distribution of benefits, favoring the THE at the cost of the host country. Host countries often had comparatively weak bargaining power and little experience in negotiating the complex and comprehensive contractual and legislative regime for large-scale investment projects. This secrecy is gradually disappearing particularly in the area of ...