, a permanent investment court or state-state arbitration. 56 India opted to fix its investment treaty practice by means of the Model Bilateral Treaty Template 2015 (India Model BIT ). SADC ’s Annex 1 chose litigation, the European Union (EU) proposes an InvestmentCourtSystem ( ICS ), while
The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In
The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
is now preparing for reforming the investor-State dispute settlement mechanism. With the support of NGO s, the EU is leading the discourse on the reformation of the investor-State dispute settlement mechanism, proposing an investmentcourtsystem whose members are selected on a permanent basis and
labor cases: a new international labor rights regime takes shape , 3 United States – Mexico Law Journal (1995) 159.
30 On procedural enforcement of the rights of foreign investors in eu fta s, see F Baetens, The European Union’s proposed investmentcourtsystem: addressing criticisms of
-methodology-en.pdf . 73 Bernasconi-Osterwalder, “Expansion of the Energy Charter to Africa and Asia.” 74 Dreyer, “Brussels Moves Against Intra- EU Investor-state Arbitration Raise Energy Charter Dilemmas.” 75 European Commission, press release, “Commission Proposes New InvestmentCourtSystem for TTIP and