Access to Justice for Local Communities in Investor-state Arbitration

Document Type

Article

Publication Date

12-6-2019

Keywords

Access to justice, arbitration, Investor-State Arbitration (ISA), Business and Human Rights Arbitration (BHR

Abstract

Generally, Investor-state Arbitration as a dispute resolution mechanism has been a subject of scholarly debates. Scholars attack the ISA regime on various grounds, which include the impropriety of delegating adjudicatory powers to private individuals on disputes relating host states’ policy decisions, the marginal role of human rights and environmental considerations in investment disputes, the ISA tribunal’s bias towards investors, inconsistent arbitral decisions, the lack of an appeal system, and non-transparent proceedings.

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