The Arbitration Committee of the International Bar Association (“IBA”) through its subcommittee on investment treaty arbitration, has released a report that considers the salient issues currently facing Investor-State Dispute Resolution. Entitled “Consistency, efficiency, and transparency in investment arbitration” it has been prepared under the leadership of Three Crowns partner, Reza Mohtashami QC (Chair of the investment treaty subcommittee), and builds on an earlier survey and report released by the subcommittee in 2014 and 2016.
The 2018 report, amongst it’s discussion points, addresses the issues of consistency in relation to the interpretation of legal concepts by arbitral tribunals, and whether a permanent standing court is required to hear investment disputes; inefficiencies in the arbitral process from the commencement of proceedings through to an award; and transparency of the system as whole.
The report has drawn upon practitioners in private law, state representatives and international organisations such as the United Nations.
Three Crowns lawyers have had an ongoing role with the work of the investment treaty subcommittee, and the IBA, in recent years. The 2016 report was prepared under the then chairmanship of partner Gaëtan Verhoosel (the incoming co-chair of the IBA Arbitration Committee) and featured contributions from counsel, Gaurav Sharma; and senior associate Manish Aggarwal.
The 2018 report is available here.