Reshaping the Investor-State Dispute Settlement System : Journeys for the 21st Century.

Intro -- Contents -- Foreword -- Acknowledgments -- Acronyms -- Biographies -- Introduction -- Part 1 Strengthening the Role of States: Treaty Interpretation and Revising Treaty Language -- Chapter 1 Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions -- Chapter 2 Lessons from International Uniform Law -- Chapter 3 Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs -- Chapter 4 Keeping Interpretation in Investment Treaty Arbitration 'on Track': The Role of State Parties -- Chapter 5 Travaux Préparatoires and the Legitimacy of Investor-State Arbitration -- Chapter 6 Reform of Investor-State Dispute Settlement: The U.S. Experience -- Chapter 7 Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions -- Chapter 8 Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law -- Chapter 9 Limiting Investor Access to Investment Arbitration: A Solution without a Problem? -- Chapter 10 Back to the Future: Contemplating a Return to the Exhaustion Rule -- Chapter 11 ISDS Growing Pains and Responsible Adulthood -- Part 2 Structural Reform: State-State Procedures, A Standing Investment Court, or an Appellate Mechanism -- Chapter 12 In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms -- Chapter 13 The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes -- Chapter 14 Permanent Investment Tribunals: The Momentum is Building Up -- Chapter 15 The Challenges of Creating a Standing International Investment Court -- Chapter 16 Making Impossible Investor-State Reform Possible.

Chapter 17 Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-US FTA? -- Chapter 18 Appellate Review in Investor-State Arbitration -- Chapter 19 Reform of the Investor-State Arbitration Regime: The Appeal Proposal -- Chapter 20 Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks -- Chapter 21 Why ICSID Doesn't Need an Appellate Procedure, and What to Do Instead -- Chapter 22 Fragmentation and Harmonization in the ICSID Decision-Making Process -- Chapter 23 Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law -- Chapter 24 The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System -- Part 3 Reform from within: Changing Institutional Rules and Encouraging Innovations by Tribunals -- Chapter 25 Advancing Reform at ICSID -- Chapter 26 UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency -- Chapter 27 Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable -- Chapter 28 The Sixth Path: Reforming Investment Law from Within -- Chapter 29 Achieving a Faster ICSID -- Chapter 30 Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions -- Chapter 31 Interim Costs Orders: The Tribunal's Tool to Encourage Procedural Economy -- Chapter 32 Costs in Investment Treaty Arbitration: The Case for Reform -- Chapter 33 Distinguishing Investors from Exporters under Investment Treaties -- Chapter 34 ICSID Treaty Counterclaims: Case Law and Treaty Evolution.

Chapter 35 ICSID Annulment Standards: Who Has Finally Won the Reisman v. Broches Debate of Two Decades Ago? -- Chapter 36 ICSID Annulment Reform: Are We Looking at the Right Problem? -- Chapter 37 Addressing and Redressing Errors in ICSID Arbitration -- Chapter 38 Do We Need Investment Arbitration? -- Consolidated Bibliography -- News Reports -- Table of Cases -- Table of Conventions, Treaties, Agreements, Rules and Other Official Documents -- Index Terms.

In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.