Limits of Commercial Investor-State Arbitration: The Need for Appellate Review

Jacques Werner

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI:

Series: International Economic Law Series

 Limits of Commercial Investor-State Arbitration: The Need for Appellate Review

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This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private business interests but also public policies of the host state and citizen rights. Arbitral awards on investor-state disputes risk lacking credibility and democratic acceptability if they overrule, in non-transparent proceedings, democratically legitimate government decisions on grounds of investor-state contracts. Similar to the introduction of appellate review in the GATT/WTO dispute settlement system, the transparency, legitimacy, and legal coherence of investor-state arbitration could be enhanced by introduction of an appellate instance.

Keywords: investor-state arbitration; international commercial arbitration; private business interests; public policies; citizen rights; democratic acceptability; non-transparent proceedings; GATT; WHO; dispute settlement system

Chapter.  1258 words. 

Subjects: Human Rights and Immigration

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