This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in investor state arbitrations. Part IV studies the lack of appellate practice within international commercial arbitration. This section examines current domestic appeals processes within the US and institutional scrutiny of awards. After analyzing examples of Austrian, South African and French institutional appellate procedures, Part IV argues that the lack of these processes in other jurisdictions must be remedied in the interests of efficiency and party autonomy. Part V concludes that parties should be permitted to participate in appellate review of arbitral awards, if they so choose.
Erin E. Gleason,
International Arbitral Appeals: What Are We So Afraid Of? ,
7 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol7/iss2/5
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