Title

Investor-State Dispute Settlement Reform: Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law

Publication Type

Journal Article

Publication Date

1-2014

Abstract

Criticisms of the current investor-State dispute settlement system stemming from a large number of bilateral investment treaties are well known. These include a lack of consistency in arbitral reasoning among tribunals, the lack of an appellate mechanism, selection and choice of arbitrators, costs and arbitral decisions affecting matters of public interest. Criticisms are directed at the process, the outcomes as well as the players. In order to address these, solutions or changes need to be directed at the formative process leading to the treaty commitments.

Discipline

Commercial Law | Dispute Resolution and Arbitration | International Trade Law

Research Areas

Dispute Resolution

Publication

Transnational Dispute Management

Volume

2014

Issue

1

ISSN

1875-4120

Publisher

Maris BV

Additional URL

http://www.transnational-dispute-management.com/article.asp?key=2035