Introduction

The role of an appeal mechanism is to guard against inconsistency and error. While the claims brought by Ronald Lauder against the Czech Republic illustrate the danger of inconsistency in international arbitration, the potential for error is shown by a ruling, now under reconsideration, in Loewen Group Inc. and Raymond Loewen v. United States. Ordinarily cautious experts, posting on an Internet forum for investment arbitration, have called the ruling "preposterous," "quite wrong," and "completely appalling." As is usual when foreign investors sue nations, the stakes in ...