14.01 In the past decade, several authors, practitioners, and States have proposed different alternatives to the current ICSID control mechanism, the most popular being the creation of an appellate mechanism that would substitute for annulment. The reasons commonly relied on to justify these proposals involve concerns regarding fairness and public interest issues, the existence of inconsistent decisions in investment arbitration case law, and legitimacy considerations.1 It is undeniable that fairness, consistency, transparency, and legitimacy concerns should be...
Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.