The Decision-Making Process of Investor-State Arbitration Tribunals
By: Mary Mitsi
About This Book
The Decision-Making Process of Investor-State Arbitration Tribunals' explores the ways in which arbitral tribunals interpret the law in investor-state disputes. It examines the emergence of a specialised way of decision-making adapted to the characteristics and needs of investment arbitration. In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of arbitral awards and the predictability and legitimacy of the arbitral decision-making process. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals. It particularly examines the way tribunals reason their awards making reference to treaties, precedent, policies, general principles of law and customary law in their decision-making process.
AI Overview
Book Overview: "The Decision-Making Process of Investor-State Arbitration Tribunals" by Mary Mitsi
Key Themes:
- Decision-Making Process: The book delves into the intricacies of how investor-state arbitration tribunals make decisions. It explores the legal reasoning and procedural aspects that influence these decisions.
- Legal Reasoning: Mitsi examines the dichotomy between interpreting and applying the law in investor-state arbitration, highlighting the complexities and nuances involved in these processes.
- Tribunal Dynamics: The book discusses the dynamics within investor-state arbitration tribunals, including the roles of arbitrators, the impact of precedent, and the challenges of consistent decision-making.
Plot Summary: While the book does not follow a narrative plot, it is structured around a detailed analysis of the decision-making process in investor-state arbitration. Mitsi provides a comprehensive examination of the legal framework, procedural steps, and the factors that influence tribunal decisions. The book covers topics such as treaty interpretation, the role of evidence, and the application of international law principles in resolving disputes between investors and states.
Critical Reception:
- Positive Reception: The book has received positive reviews for its rigorous analysis and thorough examination of the decision-making process in investor-state arbitration. Gordon Blanke, in his review, praises Mitsi for her meticulous approach to the subject matter, highlighting the book's value in understanding the complexities of investor-state arbitration.
- Academic Impact: The book is considered a significant contribution to the field of international arbitration, particularly in the context of investor-state disputes. It is recognized as a valuable resource for scholars, practitioners, and policymakers seeking to understand the intricacies of this specialized area of law.
Publication Details:
- Author: Mary Mitsi
- Publisher: Kluwer Law International B.V.
- Publication Date: 2019
- Edition: 1st Edition
The book is a seminal work in the field of investor-state arbitration, offering a deep dive into the decision-making processes that shape the outcomes of these complex disputes. Its comprehensive analysis and detailed insights make it a crucial resource for anyone interested in international arbitration and dispute resolution.