Comments

This paper is to be published at Volume 45, No.3, Cornell International Law Journal (2012).This paper may be referenced as [2012]UNSWLRS 6.

Abstract

Intense debate rages over the transparency and efficiency of investor-state arbitration. In contention is whether national courts should displace investment arbitration administered by the International Center for Investment Arbitration (ICSID). How this debate is resolved will significantly impact on states across the globe, their public interests and investors.

This manuscript scrutinizes this debate and recommends how to resolve it.

Disciplines

Dispute Resolution and Arbitration | International Law | International Trade

Date of this Version

February 2012