The contribute analyses whether the WTO appeal mechanism could really be a model for investments disputes. In this perspective the authors first analyse the appellate review in the WTO and its functions. After an introduction to the ICSID annulment procedure, they then discuss the contentious issue of the role of ad hoc Committees in theory and in practice. Finally they analyse the ICSID proposal for an appeal mechanism in international investment dispute settlement and discuss whether and how the WTO system can represent a model for investment disputes.
From Annulment to Appeal in Investor-State Arbitration: is the WTO Appeal Mechanism a Model?
RECANATI, MATILDE;SACERDOTI, GIORGIO
2013
Abstract
The contribute analyses whether the WTO appeal mechanism could really be a model for investments disputes. In this perspective the authors first analyse the appellate review in the WTO and its functions. After an introduction to the ICSID annulment procedure, they then discuss the contentious issue of the role of ad hoc Committees in theory and in practice. Finally they analyse the ICSID proposal for an appeal mechanism in international investment dispute settlement and discuss whether and how the WTO system can represent a model for investment disputes.
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