Part III Procedural Issues, Ch.28 An Appellate System In International Investment Arbitration?

Subject(s):

Appeal from award — Investment — Development — Arbitration

This chapter considers some of the arguments for an appellate process in the investment sphere, identifies some of the potential appellate options, and focuses on the development perspective to such a proposal. It is argued that a principal concern about the effort to introduce a non-ring-fenced appellate system in the investment sphere is that it seeks to add to the coherence and development of international investment law via a somewhat non-transparent route. Further, the need to inject the development dimension into any proposed appellate system is important. A development-friendly appellate system requires in particular a focus on its apparatus of interpretation, on participatory rights, and on technical assistance.