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Hodgson, Matthew; Thien, Vee Vian --- "The appellate option: promises and pitfalls" [2018] ELECD 1629; in Chaisse, Julien (ed), "China-European Union Investment Relationships" (Edward Elgar Publishing, 2018) 267

Book Title: China-European Union Investment Relationships

Editor(s): Chaisse, Julien

Publisher: Edward Elgar Publishing

ISBN: 9781788971898

Section: Chapter 15

Section Title: The appellate option: promises and pitfalls

Author(s): Hodgson, Matthew; Thien, Vee Vian

Number of pages: 20

Abstract/Description:

This chapter critically examines the appellate option. In arbitration, the finality of the award is typically prioritized over correctness, so that the parties enjoy the advantages of cost effectiveness and expedience. However, it is arguable that the balance should be re-assessed in relation to investor-state disputes as opposed to purely commercial arbitrations, as the former involve acts of government and questions of public interest. This chapter provides an overview of the perceived shortcomings of the present system, a summary of the EU’s proposed reforms and evaluates how far the introduction of an appeal mechanism would address concerns over investor-state dispute settlement (ISDS) such as predictability and consistency of awards.