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Improving the Process and Institutions of Investment Arbitration: A Modest Contribution to a Complicated Debate

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Chapter Summary

The resolution of disputes between investors and the host states of investments by arbitration, whether under the system created by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, or pursuant to other arbitral regimes, most notably under UNCITRAL Arbitration Rules, is arguably one of the most astounding successes in international law over the last few decades, next to the solely inter-state WTO dispute settlement system and the regionally confined jurisprudence of the European Court of Human Rights. This chapter focuses on five areas: the need to address in a more rigorous fashion arbitrator conflicts of interest in the context of state-investor arbitration; the tensions between transparency and confidentiality in investment arbitration; the implications of and for amicus participation in the arbitral process; the present need for a standing ICSID annulment committee; and the need for and likelihood of a "World Investment Court".

Keywords: arbitral process; ICSID annulment committee; international law; investment arbitration; Settlement of Investment Disputes; state-investor arbitration; UNCITRAL arbitration rules; World Investment Court



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