China-European Union Investment Relationships
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China-European Union Investment Relationships

Towards a New Leadership in Global Investment Governance?

Edited by Julien Chaisse

Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.
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Chapter 15: The appellate option: promises and pitfalls

Matthew Hodgson and Vee Vian Thien

Abstract

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.

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