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International Investment Law for the 21st CenturyEssays in Honour of Christoph Schreuer$
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Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich

Print publication date: 2009

Print ISBN-13: 9780199571345

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199571345.001.0001

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THE FUTURE OF INVESTMENT ARBITRATION

THE FUTURE OF INVESTMENT ARBITRATION

Chapter:
(p.894) 46 THE FUTURE OF INVESTMENT ARBITRATION
Source:
International Investment Law for the 21st Century
Author(s):

August Reinisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199571345.003.0046

This chapter reflects on the current state and possible future of investment arbitration in international economic law. It begins by analyzing why this system is so appealing and so widely accepted. It then considers the developments that may threaten the integrity of the investment arbitration process and ultimately lead to a loss of confidence by the users of this system, that is, investors and States. Only after such a critical examination will it be possible to make an informed judgement on the future of investment arbitration. The chapter addresses the damaging potential of inconsistent case law and poorly reasoned opinions in order to assess the requirements of a dispute settlement system which retains acceptance through predictability and fairness.

Keywords:   investment disputes, arbitration awards, dispute settlement, international law

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