Establishing an appeal mechanism for investor-state dispute settlement : challenges, feasibility, and options

Xi, Zhang and Rozanah Ab Rahman, (2022) Establishing an appeal mechanism for investor-state dispute settlement : challenges, feasibility, and options. Jurnal Undang-Undang dan Masyarakat, 30 . pp. 17-26. ISSN 1374-7729

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Official URL: https://ejournal.ukm.my/juum/issue/view/1516

Abstract

There is a growing international consensus stating investor-state dispute settlement mechanism (ISDS), with international investment arbitration as the main means of dispute settlement, needs to be reformed, but the reform proposals have not yet been finalised. Among the many options, the option of establishing an appeal mechanism has generated extensive discussion. The permanent, independent and corrective nature of the appeals mechanism helps to address the lack of independence and impartiality of arbitrators under the ISDS mechanism, the inconsistency of arbitral awards, and the lack of control mechanisms. It also has benefit of improving the accuracy of awards. Under the current system of international investment treaties, establishing a multilateral appeal mechanism presents many challenges. However, the Mauritius Convention on Transparency, which uses multilateral instruments to amend bilateral treaties, provides evidence that establishing a multilateral appeal mechanism is feasible.

Item Type:Article
Keywords:Legitimacy crisis; Relief program; Rules on transparency; Opt-in convention; Vienna Convention on the Law of Treaties
Journal:Jurnal Undang-undang dan Masyarakat
ID Code:19220
Deposited By: ms aida -
Deposited On:02 Aug 2022 06:24
Last Modified:04 Aug 2022 07:46

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