Appellate Review in Investor State Arbitration
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Abstract
Because investor-state arbitral tribunals are created on an ad hoc basis for the purpose of resolving a single dispute regarding a specific investment treaty, arbitral tribunals may reach inconsistent decisions on issues which at the outset appear similar. While in some cases these diverging results are attributable to meaningful factual differences or differing treaty provisions, in a growing number of cases separate tribunals have reached contradictory results that cannot be explained by factual or legal differences in the claims. This phenomenon can be clearly seen in the series of ...