The ICSID and Investor State Arbitration

Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013)

UNSW Law Research Paper No. 2016-20

62 Pages Posted: 31 Mar 2016

See all articles by Leon Trakman

Leon Trakman

University of New South Wales (UNSW) - Faculty of Law

Date Written: January 10, 2013

Abstract

This chapter evaluates the criticisms levelled at the ICSID in five particular respects. First, it considers the perceived bias of the ICSID toward wealthy Western states and their investors as an ideological and normative proposition. Second, it evaluates the extent to which the processes of the ICSID incorporate this perceived bias into its institutional mechanisms. Third, it considers whether ICSID arbitration is a viable alternative to domestic courts resolving investment disputes between states and foreign investors. Fourth, it proposes ways in which the ICSID can become more transparent as a mechanism for resolving investment disputes in the face of criticism that it suffers from ideological, structural, and functional myopia. Fifth, it reflects on dispute avoidance alternatives to both arbitration and national courts in resolving investment disputes.

Keywords: ICSID, Investors, Institutional Mechanisms, arbitration, domestic courts, dispute resolution, foreign investors, transparency

Suggested Citation

Trakman, Leon, The ICSID and Investor State Arbitration (January 10, 2013). Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013), UNSW Law Research Paper No. 2016-20, Available at SSRN: https://ssrn.com/abstract=2755344

Leon Trakman (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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