ICSID Jurisdiction and Alternative Forums for Investment Disputes: International-Law and Domestic Mechanisms

The article examines the jurisdiction of the International Centre for Settlement of Investment Disputes (ICSID) and its relationship with alternative avenues for the resolution of investment disputes within domestic legal systems. It outlines doctrinal approaches to defining an investment dispute, analyses the core elements of a State’s consent to dispute settlement outside domestic courts and the limits of such consent, and identifies the principal models of alternative fora available to investors and host States. Particular attention is given to procedural guarantees, legal certainty, and adversarial principles as determinants of confidence in the chosen forum and of the stability of outcomes. The paper also addresses the role of domestic legislation in structuring multi-stage dispute-settlement frameworks, including negotiations, amicable methods, and judicial protection, while preserving the possibility of international proceedings where a valid arbitration agreement exists. The conclusions emphasise the need to align international commitments and domestic protection mechanisms with the requirements of public order, the preservation of the State’s regulatory space, and the safeguarding of the national interests of the Russian Federation.