CONSENT AND DUE PROCESS IN MULTIPARTY INVESTOR-STATE ARBITRATIONS
The last decade has seen a significant rise in the number of international arbitrations involving three or more parties. In the interest of efficiency and consistency, arbitral institutions have sought to manage and coordinate these multiparty arbitrations. This chapter discusses the fundamental need for consent as well as the various due process issues that may arise in such multiparty investment treaty arbitrations, with special reference to the procedures and proceedings before the International Centre for Settlement of Investment Disputes (ICSID), the Iran-United States Claims Tribunal, and North American Free Trade Agreement (NAFTA) arbitral tribunals.
Keywords: multiparty investor-state disputes, NAFTA, investment arbitration, pre-dispute consent
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