Investor-State Arbitration: The Problem of Inconsistency and Conflicting Awards

In this paper, CIArb President Professor Doug Jones explores the problem of inconsistency in investor-state arbitration and evaluates various suggested solutions. While these proposed solutions have the potential to increase consistency in international investment arbitration, Professor Jones concludes that the feasibility of these proposals is doubtful. Instead, the value of previous decisions as persuasive precedent is recognised as a more desirable and pragmatic solution to the problem of inconsistency.

DJones Investor-State Arbitration The Problem of Inconsistency and Conflicting Awards  |  Doug Jones