The Composition of a Multilateral Investment Court and of an Appeal Mechanism for Investment Awards

CIDS Supplemental Report, 15 November 2017

127 Pages Posted: 1 Oct 2019

See all articles by Gabrielle Kaufmann-Kohler

Gabrielle Kaufmann-Kohler

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

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)

Date Written: November 15, 2017

Abstract

This report is a supplement to the report by the same authors entitled “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” (“CIDS Report”). It analyzes in more depth one aspect already addressed in the CIDS Report, namely the composition of a multilateral investment court (or ITI) and of an appeal mechanism for investor-State awards (or AM).

For that purpose, it carries out a comparative analysis of the composition of existing international adjudicatory bodies and in part also arbitral institutions, and seeks to chart the main options for the composition of a prospective ITI and AM. If States were to pursue a reform initiative aimed at institutionalizing investor-State dispute settlement through the creation of these types of adjudicatory bodies, adjudicators would no longer be appointed by disputing parties but would essentially (though nor necessarily exclusively) be chosen by the parties to the instrument establishing the new adjudicatory bodies (section II). This fundamental shift poses a myriad of questions, which the paper seeks to examine.

Keywords: ISDIS Reform; Multilateral Investment Court; Appeal mechanisms in ISDS; International adjudicatory bodies

Suggested Citation

Kaufmann-Kohler, Gabrielle and Potesta, Michele, The Composition of a Multilateral Investment Court and of an Appeal Mechanism for Investment Awards (November 15, 2017). CIDS Supplemental Report, 15 November 2017. Available at SSRN: https://ssrn.com/abstract=3457310 or http://dx.doi.org/10.2139/ssrn.3457310

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

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

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