Full Description
This book deals with the ongoing reform process for investor-state dispute settlement in UNCITRAL Working Group III, in particular the proposal to create a multilateral investment tribunal (MIC).
The book covers key elements of the MIC proposal, such as the institutional framework of the court, the design of an appeals mechanism, the use of class-law settlement procedures, and the establishment of an advisory center for developing countries. In addition, the selection and appointment of judges is discussed. It also explores the following questions: How can the MIC be integrated into the existing ISDS system? How can the implementation of its decisions be ensured?
Each chapter highlights the legal issues to be discussed and places them in a larger context to offer an understanding of the core questions and how they are related to each other.
Contents
UNCITRAL Working Group III - Working Paper Documents
UNCITRAL Session Reports and other UNCITRAL Documents
Chapter 1:
The Idea of a Multilateral Investment Court in the Rise, Crisis, and Reform of International Investment Law
Julian Scheu
Chapter 2: Institutional Elements for a Multilateral ISDS System
Johanna Braun and Philipp Reinhold
Chapter 3: An Advisory Centre for International Investment Law
Johanna Braun and Philipp Reinhold
Chapter 4: Appeal Mechanism and the Issue of Consistency in International Investment Arbitration
Niclas Landmann
Chapter 5:
Mass Investment Claims in the ISDS Reform Process: Promoting Procedural Efficiency and the Rights of Individuals and Small and Medium-Sized Enterprises
Petyo Nikolov
Chapter 6: Selection and Appointment of Adjudicators
Caroline Kittelmann and Alexander Dünkelsbühler
Chapter 7: Code of Conduct of Adjudicators
Alexander Dünkelsbühler
Chapter 8: Reforming ISDS Through an Opt-In Treaty - The Case of a Multilateral Investment Court
Leonard Funk
Chapter 9: Recognition and Enforcement of MIC Decisions - How Effective will an MIC Dispute Resolution Mechanism possibly be?
Carla Müller
Chapter 10: EU Law Requirements for the Establishment of the Multilateral Investment Court
Ingo Borgdorf
Chapter 11: Creation and Implementation of a Multilateral Investment Court: Outlook from a Practitioner Perspective
Moritz Keller and Caroline Kittelmann
