Reshaping the Investor-State Dispute Settlement System

Jean E. Kalicki is a Partner at Arnold & Porter, LLP in Washington and New York, and an Adjunct Professor at Georgetown University Law Center. She serves as arbitrator and counsel in investment and commercial disputes and on the boards and rosters of leading arbitral institutions.Anna Joubin-Bret is an Attorney-at-law practicing in Paris. She serves as counsel, arbitrator, mediator and conciliator in international investment disputes and advises on investment policies and treaties. She is former Senior Legal Adviser for the United Nations Conference on Trade and Development.

"...the reader will find here valuable keys for a better understanding of the numerous criticisms brought against the Investor-State Dispute Settlement System."-Adrien Foulatier, University of Paris-Ouest-Nanterre-La Défense

• FOREWORD by Meg KinnearINTRODUCTIONby Anna Joubin-Bret and Jean E. KalickiI. STRENGTHENING THE ROLE OF STATES: TREATY INTERPRETATION AND REVISING TREATY LANGUAGE1. Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissionsby Anne van Aaken2. Lessons from International Uniform Lawby Joshua Karton3. Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAsby Michael Ewing-Chow and Junianto James Losari4. Keeping Interpretation in Investment Treaty Arbitration ‘on Track’: The Role of State Partiesby Tomoko Ishikawa5. Travaux Préparatoires and the Legitimacy of Investor-State Arbitrationby Baiju S. Vasani and Anastasiya Ugale6. Reform of Investor-State Dispute Settlement: the U.S. Experienceby Karen L. Kizer and Jeremy K. Sharpe7. Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisionsby Elizabeth Boomer8. Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Lawby Locknie Hsu9. Limiting Investor Access to Investment Arbitration: A Solution without a Problem?by Liang-Ying Tan and Amal Bouchenaki10. Back to the Future: Contemplating a Return to the Exhaustion Ruleby Daniel Kalderimis11. ISDS Growing Pains and Responsible Adulthoodby Silvia ConstainII. STRUCTURAL REFORM: STATE-STATE PROCEDURES, A STANDING INVESTMENT COURT, OR AN APPELLATE MECHANISM12. In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms by Nicolette Butler13. The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputesby Theodore R. Posner and Marguerite C. Walter14. Permanent Investment Tribunals: The Momentum is Building Upby Omar E. García-Bolívar15. The Challenges of Creating a Standing International Investment Courtby Eduardo Zuleta16. Making Impossible Investor-State Reform Possibleby Luis González García17. Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA?by Barton Legum18. Appellate Review in Investor State Arbitrationby Eun Young Park19. Reform of the Investor-State Arbitration Regime: The Appeal Proposalby Gabriel Bottini20. Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasksby Jaemin Lee21. Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Insteadby Kristina Anđelić22. Fragmentation and Harmonization in the ICSID Decision-Making Processby Roberto Castro de Figueiredo23. Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Lawby Jan Asmus Bischoff24. The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS Systemby J.J. Saulino and Josh KallmerIII. REFORM FROM WITHIN: CHANGING INSTITUTIONAL RULES AND ENCOURAGING INNOVATIONS BY TRIBUNALS25. Advancing Reform at ICSIDby Antonio R. Parra26. 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 Transparencyby Julia Salasky and Corinne Montineri27. Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable by David Gaukrodger and Kathryn Gordon28. The Sixth Path: Reforming Investment Law from Withinby Stephan W. Schill29. Achieving a Faster ICSIDby Adam Raviv30. Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutionsby Joongi Kim31. Interim Costs Orders: The Tribunal’s Tool to Encourage Procedural Economyby Jeffrey Sullivan and David Ingle32. Costs in Investment Treaty Arbitration: The Case for Reformby Matthew Hodgson33. Distinguishing Investors from Exporters under Investment Treatiesby Mark Feldman34. ICSID Treaty Counterclaims: Case Law and Treaty Evolutionby José Antonio Rivas35. ICSID Annulment Standards: Who Has Finally Won the Reisman v. Broches Debate of Two Decades Ago?by Nikolaos Tsolakidis36. ICSID Annulment Reform: Are We Looking at the Right Problem?by Mallory Silberman37. Addressing and Redressing Errors in ICSID Arbitrationby Diego Brian Gosis38. Do We Need Investment Arbitration?by Christoph Schreuer CONSOLIDATED BIBLIOGRAPHYINDEX