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حقوق::
سازوکار تجدیدنظر
Due to dissatisfaction with some awards and the operation of the current system for investment arbitration, the creation of an appellate mechanism for investment arbitration similar to that of the WTO has repeatedly been suggested.
In view of the relative success of the WTO AB, this paper makes the case for an ICSID appellate mechanism.
Consequently, the credibility and legitimacy of the ICSID framework has been questioned.42 The prevailing situation has provoked vigorous policy and academic debate as to the need for an ICSID appellate mechanism.43
Steger, Enhancing the Legitimacy of International Investment Law by Establishing an Appellate Mechanism, (2012) at 4-7 (outlining the debate for and against the institution of ICSID appellate system),
The 2011 ICSID annual report noted its participation in an OECD discussion on the need for an ICSID appellate facility.44 Surprisingly, subsequent ICSID annual reports have been conspicuously silent on this topic and no follow-up steps have been taken to explore the possibility of an ICSID appellate system since the 2011 report.45 In the light of this and of the continuing deficiencies in some ICSID awards, it would not be incongruous with any ICSID reform efforts to regard the WTO appellate mechanism as an inspiration for any proposal for an ICSID appellate facility.
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