An Appealing Option? The Debate About an ICSID Appellate Structure

Essays in Transnational Economic Law Working Paper No. 57

57 Pages Posted: 5 Jun 2009

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: June 3, 2006

Abstract

This paper discusses the case for the establishment of an appellate system in international investment law, as put forward notably by the ICSID secretariat. It assess the pros and cons of such an institutional overhaul of the ICSID system, drawing on the experience of other international dispute settlement systems and taking into account factors such as consistency of jurisprudence, quality and accuracy of decisions, finality of awards, costs and speed of proceedings. Having concluded that an institutional overhaul is unlikely and not required, the paper evaluates potential alternatives to an appellate investment system. These include increased consolidation of cases (seen as helpful), broad construction of the existing annulment procedure (unhelpful) and the introduction of a reference procedure modeled on the European Community's experience (the best option).

Keywords: investment law, ICSID, appellate jurisdiction, consistency, annulment, International Convention for the Settlement of Investment Disputes, WTO appellate system, precedent, stare decisis,

Suggested Citation

Tams, Christian J., An Appealing Option? The Debate About an ICSID Appellate Structure (June 3, 2006). Essays in Transnational Economic Law Working Paper No. 57, Available at SSRN: https://ssrn.com/abstract=1413694 or http://dx.doi.org/10.2139/ssrn.1413694

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

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HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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