Can the Mauritius Convention Serve as a Model for the Reform of Investor-State Arbitration in Connection With the Introduction of a Permanent Investment Tribunal or an Appeal Mechanism? – Analysis and Roadmap

115 Pages Posted: 17 Sep 2019

See all articles by Michele Potesta

Michele Potesta

Graduate Institute of International and Development Studies (IHEID); Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS)

Gabrielle Kaufmann-Kohler

University of Geneva, Faculty of Law; Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS)

Date Written: June 3, 2016

Abstract

This research paper seeks to analyze whether the Mauritius Convention on Transparency could provide a useful model for broader reform of the investor-State arbitration framework. To this end, it proposes a possible roadmap that could be followed if States were to decide to pursue a reform initiative aimed at replacing or supplementing the existing investor-State arbitration regime in international investment agreements (IIAs) with a permanent investment tribunal and/or an appeal mechanism for investor-State arbitral awards.

It was prepared for the United Nations Commission on International Trade Law (UNCITRAL) within the framework of a project of the CIDS.

Keywords: CIDS Report

Suggested Citation

Potesta, Michele and Kaufmann-Kohler, Gabrielle, Can the Mauritius Convention Serve as a Model for the Reform of Investor-State Arbitration in Connection With the Introduction of a Permanent Investment Tribunal or an Appeal Mechanism? – Analysis and Roadmap (June 3, 2016). Available at SSRN: https://ssrn.com/abstract=3455511 or http://dx.doi.org/10.2139/ssrn.3455511

Michele Potesta (Contact Author)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS) ( email )

Villa Moynier
Rue de Lausanne 120b
Geneva, 12011
Switzerland

Gabrielle Kaufmann-Kohler

University of Geneva, Faculty of Law ( email )

Boulevard du Pont d'Arve
Geneva, 1204
Switzerland

Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS)

Villa Moynier
Rue de Lausanne 120b
Geneva, 12011
Switzerland

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