Call for papers: Precedent in Investment Arbitration

We hereby announce a forthcoming TDM special issue on "Precedent in Investment Arbitration". This special issue aims to continue one of the most important over-arching discussions in the field of investment arbitration - the extent to which tribunals should be bound by decisions of previous tribunals. The issue will be descriptive, analysing the behaviour of previous tribunals, as well as proscriptive, making concrete recommendations for future tribunals.

Some of the areas that the issue will cover include:

• The approach of previous investment tribunals to questions of binding precedent.
• Whether the proliferation of investment arbitrations under bilateral and multilateral investment treaties has created a need for more certainty and, in particular, whether there is a need to prevent inconsistent decisions.
• Whether a formal binding system of precedent would be a good idea.
• Whether the creation of an appellate body, or any other system, to review awards and rectify inconsistent decisions would be a possibility worth considering.
• A discussion of the approach of other public international law bodies to the question of precedent.
• A comparative law approach, considering common and civil law approaches to the status of precedent in domestic legal systems.
• A consideration of the role of binding precedent in international commercial arbitration.

We hereby invite all those with an interest in the subject to contribute articles. We are looking for short comments on all recent developments of interest. In addition, we would like, where possible, such comments to be supported by the provision of in-depth notes and articles to be published in TDM's knowledge bank.

The special issue on precedent will be prepared by Matthew Weiniger, a partner in Herbert Smith's international arbitration group and head of its public international law practice. Please get in touch if you would like to make a contribution.