TY - JOUR
T1 - Duration of Investor-State Dispute Settlement Proceedings
AU - Weber, Simon
AU - Hestermeyer, Holger
AU - Lopez Rodriguez, Clara
AU - Baltag, Crina
AU - Álvarez Zárate, José Manuel
AU - Behn, Daniel
AU - Bonnitcha, Jonathan
AU - De Luca, Anna
AU - Langford, Malcolm
AU - Mistelis, Loukas
AU - Shaffer, Gregory
PY - 2020/6/1
Y1 - 2020/6/1
N2 - Speed is often touted as an advantage of arbitration. In recent years, however, some have worried that investment arbitration risks losing this advantage. Concerns about the length of investor-State dispute settlement (ISDS) proceedings have also been raised in the discussion about ISDS reform. This article analyses the duration of ISDS proceedings applying a data-centric approach and evaluates the impact of proposed ISDS reforms on the duration of proceedings. After some terminological clarifications on when proceedings are ‘excessively’ long, the article sets out the evidence on the length of proceedings using several data-sets. As a comparator, we present data on the length of World Trade Organization (WTO) proceedings, even though we urge caution as to the usefulness of such a comparator. The article then discusses the impact of various reform proposals on the duration of proceedings, namely improving ISDS, adding an appellate mechanism, establishing a multilateral investment court and abolishing ISDS.
AB - Speed is often touted as an advantage of arbitration. In recent years, however, some have worried that investment arbitration risks losing this advantage. Concerns about the length of investor-State dispute settlement (ISDS) proceedings have also been raised in the discussion about ISDS reform. This article analyses the duration of ISDS proceedings applying a data-centric approach and evaluates the impact of proposed ISDS reforms on the duration of proceedings. After some terminological clarifications on when proceedings are ‘excessively’ long, the article sets out the evidence on the length of proceedings using several data-sets. As a comparator, we present data on the length of World Trade Organization (WTO) proceedings, even though we urge caution as to the usefulness of such a comparator. The article then discusses the impact of various reform proposals on the duration of proceedings, namely improving ISDS, adding an appellate mechanism, establishing a multilateral investment court and abolishing ISDS.
KW - World Trade Organization
KW - appeal
KW - bifurcation
KW - due process
KW - duration of proceedings
KW - excessive length of proceedings
KW - investor-State dispute settlement (ISDS)
KW - multilateral investment court
UR - http://www.scopus.com/inward/record.url?scp=85091481385&partnerID=8YFLogxK
U2 - 10.1163/22119000-12340174
DO - 10.1163/22119000-12340174
M3 - Review article
SN - 1660-7112
VL - 21
SP - 300
EP - 335
JO - The Journal of World Investment & Trade
JF - The Journal of World Investment & Trade
IS - 2-3
ER -