Introduction

The creation of an appeals mechanism is a recurrent feature in the debate about investor-State dispute settlement (ISDS). The idea has been around for some time and has gained prominence in the recent discussions about ISDS reform. Its compatibility, or lack thereof, with the currently prevailing system of ICSID arbitration remains a strong obstacle to its implementation. The often unspoken assumption behind the plans for the creation of an appeals mechanism is that it will promote the consistency and correctness of decisions.