On the Construction of International Investment Dispute Arbitration Appeal Mechanism

DOI

10.2991/aebmr.k.220603.064How to use a DOI?

Keywords

International Investment Arbitration; Appeal Mechanism; ISDS

Abstract

Today’s international investment dispute (ISDS) arbitration is facing the uncertainty and inconsistency of arbitral awards. At the same time, the ISDS arbitration also lacks an effective error correction mechanism. These problems seriously undermine the international credibility of ISDS arbitration. The establishment of a stable and effective ISDS arbitration appeal mechanism can improve these problems, and to a certain extent the trial court’s power of treaty interpretation and discretion should be limited, urging the arbitration tribunal to examine the facts of the case more carefully and make a ruling. Referring to the attempt and practice of OECD, ICSID, UNCITRAL and EU in establishing ISDS appeal mechanism, it is a better choice to add a special investment arbitration appeal court in WTO under the principle of maintaining ISDS arbitration system and party autonomy.

Copyright

© 2022 The Authors. Published by Atlantis Press International B.V.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Zhuohao Jia
PY  - 2022
DA  - 2022/07/01
TI  - On the Construction of International Investment Dispute Arbitration Appeal Mechanism
BT  - Proceedings of the 2022 2nd International Conference on Enterprise Management and Economic Development (ICEMED 2022)
PB  - Atlantis Press
SP  - 391
EP  - 395
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.220603.064
DO  - 10.2991/aebmr.k.220603.064
ID  - Jia2022
ER  -