3 Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs

In: Reshaping the Investor-State Dispute Settlement System
Authors:
Michael Ewing-Chow
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Junianto James Losari
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Type:
Chapter
Pages:
91–114
DOI:
https://doi.org/10.1163/9789004291102_005

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Series:  Nijhoff International Investment Law Series, Volume: 4
Cover Reshaping the Investor-State Dispute Settlement System
E-Book ISBN:
9789004291102
Publisher:
Brill | Nijhoff
Print Publication Date:
01 Jan 2015
Preliminary Material
Introduction
1 Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions
2 Lessons from International Uniform Law
4 Keeping Interpretation in Investment Treaty Arbitration ‘on Track’: The Role of State Parties
5 Travaux Préparatoires and the Legitimacy of Investor-State Arbitration
6 Reform of Investor-State Dispute Settlement: The U.S. Experience
7 Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions
8 Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law
9 Limiting Investor Access to Investment Arbitration: A Solution without a Problem?
10 Back to the Future: Contemplating a Return to the Exhaustion Rule
11 ISDS Growing Pains and Responsible Adulthood
12 In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms
13 The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes
14 Permanent Investment Tribunals: The Momentum is Building Up
15 The Challenges of Creating a Standing International Investment Court
16 Making Impossible Investor-State Reform Possible
17 Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA?
18 Appellate Review in Investor-State Arbitration
19 Reform of the Investor-State Arbitration Regime: The Appeal Proposal
20 Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks
21 Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Instead
22 Fragmentation and Harmonization in the ICSID Decision-Making Process
23 Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law
24 The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System
25 Advancing Reform at ICSID
26 UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency
27 Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable
28 The Sixth Path: Reforming Investment Law from Within
29 Achieving a Faster ICSID
30 Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions
31 Interim Costs Orders: The Tribunal’s Tool to Encourage Procedural Economy
32 Costs in Investment Treaty Arbitration: The Case for Reform
33 Distinguishing Investors from Exporters under Investment Treaties
34 ICSID Treaty Counterclaims: Case Law and Treaty Evolution
35 ICSID Annulment Standards: Who Has Finally Won the Reisman v. Broches Debate of Two Decades Ago?
36 ICSID Annulment Reform: Are We Looking at the Right Problem?
37 Addressing and Redressing Errors in ICSID Arbitration
38 Do We Need Investment Arbitration?
Consolidated Bibliography
News Reports
List of Cases
Conventions, Treaties, Agreements, Rules and Other Official Documents
Index Terms

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