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Matthew Hodgson and Vee Vian Thien

This chapter critically examines the appellate option. In arbitration, the finality of the award is typically prioritized over correctness, so that the parties enjoy the advantages of cost effectiveness and expedience. However, it is arguable that the balance should be re-assessed in relation to investor-state disputes as opposed to purely commercial arbitrations, as the former involve acts of government and questions of public interest. This chapter provides an overview of the perceived shortcomings of the present system, a summary of the EU’s proposed reforms and evaluates how far the introduction of an appeal mechanism would address concerns over investor-state dispute settlement (ISDS) such as predictability and consistency of awards.