Examining the formative aspect of investment treaty commitments: Lessons from commercial law and trade law
Criticisms of the current investor-state dispute settlement system stemming from a large number of bilateral investment treaties are well known. These include a lack of consistency in arbitral reasoning among tribunals, the lack of an appellate mechanism, selection and choice of arbitrators, costs a...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2015
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/1279 https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99468638402601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Reshaping%20the%20Investor-State%20Dispute%20Settlement%20System&offset=0 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | Criticisms of the current investor-state dispute settlement system stemming from a large number of bilateral investment treaties are well known. These include a lack of consistency in arbitral reasoning among tribunals, the lack of an appellate mechanism, selection and choice of arbitrators, costs and arbitral decisions affecting matters of public interest. Criticisms are directed at the process, the outcomes as well as the players. In order to address these, solutions or changes need to be directed at the formative process leading to the treaty commitments. |
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