ABSTRACT

Even the best post-investment efforts won’t avoid conflict with investors. This is an inherent by-product of FDI, one which requires particular attention. Investors expect fair and equitable treatment, but they do not always receive it. This chapter looks at what happens when an investor believes that it has not received the service or support it was promised or requires, and therefore wishes to make a complaint. It explores investor aid mechanisms, such as mediation, and the role of the ombudsperson in resolving conflicts. It then looks at grievance procedures, discusses where investors file investor-state disputes and also the various international dispute resolution organisations. This chapter closes with a summary of 9 types of investor complaints and a recommendation to introduce state-wide integrated response mechanisms that minimise the risk of conflict escalation and help inform post-investment service improvements that lead to changes in government policy, and may ultimately increase competitiveness.