Towards an Effective Appellate Mechanism for ISDS Tribunals

Kucik, J.; Puig, S.

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Author

Kucik, J.
Puig, S.

Affiliation

Political Science and Law (by courtesy), The University of Arizona
International Economic Law, EUI Law, The Robert Schuman Center for Advanced Studies (2023-2028), University of Arizona

Issue Date

2023-06-21

Citation

Kucik J, Puig S. Towards an Effective Appellate Mechanism for ISDS Tribunals. World Trade Review. 2023;22(5):562-583. doi:10.1017/S1474745623000253

Journal

World Trade Review

Rights

© The Author(s), 2023. Published by Cambridge University Press on behalf of The World Trade Organization. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence.

Collection Information

This item from the UA Faculty Publications collection is made available by the University of Arizona with support from the University of Arizona Libraries. If you have questions, please contact us at repository@u.library.arizona.edu.

Abstract

This Article identifies the problems of an Appellate Mechanism for ISDS Tribunals in relation with its possible benefits. We propose the inclusion of certain design features to improve the working of an eventual Appellate Mechanism and help mitigate problems related to procedural, conflict resolution, and substantive concerns. We finish by identifying the most central problems with a possible Appellate Mechanism, which helps to narrow down options within the ongoing reform process at UNCITRAL. Overall, we illustrate how institutional choice is always contextual and that all institutional options are imperfect and subject to important trade-offs. Copyright © 2023 The Author(s).

Note

Open access article

ISSN

1474-7456

DOI

10.1017/S1474745623000253

Version

Final Published Version

Collections

UA Faculty Publications

© The Author(s), 2023. Published by Cambridge University Press on behalf of The World Trade Organization. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence.

Except where otherwise noted, this item's license is described as © The Author(s), 2023. Published by Cambridge University Press on behalf of The World Trade Organization. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence.