Examining the formative aspect of investment treaty commitments: Lessons from commercial law and trade law
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.
Commercial Law | Dispute Resolution and Arbitration | International Trade Law
Law of Transnational Business
Reshaping the Investor-State Dispute Settlement System
Jean E. Kalicki & Anna Joubin-Bret
City or Country
Examining the formative aspect of investment treaty commitments: Lessons from commercial law and trade law. (2015). Reshaping the Investor-State Dispute Settlement System. 4, 221-249. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1279