Deja vu? Investment Court Proposals from 1960 and today

Taylor St John, Yuliya Chernykh

Research output: Contribution to specialist publicationArticle

Abstract

It is not business as usual in investment dispute resolution these days. In late April 2018 in New York, governments and experts met under the auspices of UNCITRAL Working Group IIIto continue vigorously debating how investor-state dispute settlement (ISDS) should be reformed or replaced by an investment court. This is not the first investment court proposal, however. In the 1950s and 1960s, eminent international lawyers from around the world discussed an international investment court, notably at International Law Association conferences in 1958, 1960, and 1962. In 1960, ILA participants compared a court and arbitration directly, discussing “Draft Statutes of the Arbitral Tribunal for Foreign Investment” and “Draft Statutes of the Foreign Investments Court.”
Original languageEnglish
Specialist publicationEJIL Talk: Blog of the European Journal of International Law
Publication statusPublished - 15 May 2018

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