Publisher's Synopsis
In 2004, The British Institute of International and Comparative Law established its Investment Treaty Forum with the principal objective of carrying out applied research, analysis, and policy discussion in the field of investment treaty law and arbitration. As part of its research activities, the Forum held two major conferences in 2004: Appeals and Challenges to Investment Treaty Awards: Is it Time for an International Appellate System? and The Relationship between Local Courts and Investment Treaty Arbitration. The first conference addressed the feasibility and implications of the establishment of a mechanism for the hearing of appeals from investment awards. It focused in particular on the questions of whether there is an actual demand for an appellate mechanism in investment treaty arbitration and, if so, how best to establish the necessary institution taking into consideration issues such as the role and nature of investment treaty arbitration and the legitimacy of investment awards. The second conference dealt with issues arising with respect to the co-existence of local and international courts and remedies stemming out of the complex web of international investment agreements and the ever-growing number of legal proceedings-both at the national and international level-brought by foreign investors against host states. This publication records the presentations given by some 40 experts in the field as well as the ensuing debate on these two interesting and complex topics, making available an abundance of insights and ideas at a time when the need for addressing the systemic challenges of treaty investment law becomes ever more acute.
