Published 13 November 2018
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.
November 2018. This paper will also appear in the Austrian Yearbook on International Arbitration in 2019.