Introduction

We have all gathered here today to talk about the possibility of appeals in investment arbitration, and this is a topic I have thought about for quite a while - although mainly in the commercial arbitration area. I wrote an article about four years ago on this, talking particularly about 'finality', which has been discussed a bit this morning, where I take the position that finality is not so important to the parties, even in the commercial context. In any case, the NAFTA experience gives us some information as to the extent to which non-ICSID investment arbitration awards are ...