The interest in this topic, and the breadth of proposals offered by our contributors, demonstrates both the importance of holding this dialogue and the creativity of astute users and observers of the present system. This Special Issue is particularly timely in light of the European Union public consultation on investor-state dispute settlement and the Transatlantic Trade and Investment Partnership just begun by EU Trade Commissioner Karel De Gucht.

Table of Contents - Volume 11, issue #01, published January 2014

• Introduction TDM Special issue on "Reform of Investor-State Dispute Settlement: In search of a Roadmap"
  by J.E. Kalicki, Arnold & Porter LLP; A. Joubin-Bret, Avocat à la Cour

CHAPTER I - SETTING THE STAGE FOR REFORM

• Assessing Treaty-based Investor-State Dispute Settlement: Abandon, Retain or Reform?
  by S. Nappert, 3 Verulam Buildings; L. Nottage, Sydney Law School; C.T. Campbell, Center for International Legal Studies
• Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-hosted Freedom of Investment Roundtable
  by D. Gaukrodger, Investment Division, OECD; K. Gordon, Investment Division, OECD
• Do We Need Investment Arbitration?
  by C.H. Schreuer, Wolf Theiss
• Perspectives for Investment Arbitration: Consistency as a Policy Goal?
  by R. Dolzer, University of Bonn
• The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS "System"
  by J.J. Saulino, Crowell & Moring LLP; J.S. Kallmer, Crowell & Moring LLP
• Making impossible investor-state reform possible
  by L. González García, Matrix Chambers
• ISDS growing pains and responsible adulthood
  by S. Constain

CHAPTER II - METHODOLOGICAL APPROACHES

• Advancing Reform at ICSID
  by A.R. Parra, International Council for Commercial Arbitration
• UN Commission on International Trade Law and Multilateral Rule-making - Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency
  by J. Salasky, UNCITRAL; C. Montineri, UNCITRAL
• Error Correction and Dispute System Design in Investor-State Arbitration
  by A. Schneider, Marquette Law School
• The Politics of International Investment Arbitrators
  by C.A. Rogers, Università Commerciale Luigi Bocconi
• Investor-State Dispute Settlement Reform - Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law
  by L. Hsu, School of Law, Singapore Management University

CHAPTER III - REGIONAL EXPERIENCES WITH ISDS

• Proposal of changes to the system of investment dispute resolution: a contribution from South America
  by H. Rondón de Sansó
• Is There a Life for Latin American Countries After Denouncing the ICSID Convention?
  by R. Polanco Lazo, World Trade Institute
• Ecuador’s contribution to the reshaping of the protection of foreign investment and international arbitration: The UNASUR initiative
  by A. Galindo, Dechert LLP
• What’s Yours is Mine: Conflict of Law and Conflict of Interest Regarding Indigenous Property Rights in Latin American Investment Dispute Arbitration
  by W. Shipley, Centre for International Sustainable Development Law (CISDL)
• A Resilient Boat Sailing in Stormy Seas: ASEAN Investment Agreements and the Current Investor-State Dispute Settlement Regime
  by T. Wongkaew, Graduate Institute of International and Development Studies
• Investor-State Dispute Settlement from the Perspective of Vietnam: Looking for a "Post-Honeymoon" Reform
  by T.T. Nguyen, International Law Department, Ministry of Justice of Vietnam; T.C.Q. Vu, Legal Affairs Department, Ministry of Planning and Investment of Vietnam
• ICSID’s Relevance for the Resolution of China-Africa Disputes
  by W. Kidane, Seattle University School of Law
• Africa and the System of Investor-State Dispute Settlement: To Reject or Not to Reject?
  by U. Ewelukwa Ofodile, University of Arkansas School of Law
• Initial Hiccups or More? About the Efforts of the EU to Find its Future Role in International Investment Law
  by J.A. Bischoff, M.M.Warburg & CO

CHAPTER IV - STRENGTHENING THE ROLE OF STATES

• Section I - Treaty Interpretation
  • Delegating Interpretative Authority in Investment Treaties: The Case of Joint Commissions
    by A. van Aaken, University of St. Gallen
  • Reform of Investor-State Dispute Settlement: Lessons From International Uniform Law
    by J. Karton, Queen’s University, Faculty of Law
  • Which is to be the Master?: Extra-Arbitral Interpretative Procedures for IIAs
    by M. Ewing-Chow, Centre for International Law (CIL); J.J. Losari, Centre for International Law (CIL)
  • Keeping Interpretation in Investment Treaty Arbitration ’on Track’: The Role of States Parties
    by T. Ishikawa, Waseda Institute for Advanced Study
  • In Search of Consistency and Fairness in Investor-State Arbitration: An "Institutional" Approach to Interpreting the Doctrine of Legitimate Expectations
    by U.E. Özgür, CEPMLP, University of Dundee
  • Travaux Préparatoires and the Legitimacy of Investor-State Arbitration
    by B.S. Vasani, Jones Day; A. Ugale, Jones Day
  • State-To-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority
    by A. Roberts, London School of Economics, Department of Law
• (Section II - Revising Treaty Language)
  • Reform of Investor-State Dispute Settlement: the US Experience
    by J.K. Sharpe, U.S. Department of State; K.L. Kizer, U.S. Department of State
  • Liberalization or Litigation? Time to Rethink the International Investment Regime
    by S. Lester, WorldTradeLaw.net
  • Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions
    by E. Boomer, MIDS
  • Back to the Future: Contemplating a Return to the Exhaustion Rule
    by D. Kalderimis, Chapman Tripp
  • Restricting the Scope of International Investment Agreements as a Means to Set Limits to the Extent of Arbitral Jurisdiction
    by M. Valenti, Università degli Studi di Milano
  • Limiting Investor Access to Investment Arbitration - A Solution without a Problem?
    by A. Bouchenaki, Herbert Smith Freehills LLP; L-Y. Tan, Gibson Dunn
  • Exclusion From Within the Ambit of a Protected Investor, a Fair Price to Pay for the Act of Abusive Treaty Shopping?
    by V. Gupta, Dr. Ram Manohar Lohia National Law University, Lucknow
  • A Few Pragmatic Observations on How BITs should be Modified to Incorporate Human Rights Obligations
    by P. Dumberry, Faculty of Law, University of Ottawa; G. Dumas-Aubin, Faculty of Law, University of Ottawa
  • On Genealogy of Proposals to Reform Investor-State Arbitration
    by A. Ghouri, University of Turku, Faculty of Law
• Section III - State-State Procedures and a Standing Investment Court
  • The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes
    by T.R. Posner, Weil, Gotshal & Manges LLP; M.C. Walter, Weil, Gotshal & Manges LLP
  • Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States
    by A. Roberts, London School of Economics, Department of Law
  • In Search of a Roadmap - Lessons for the ISDS Regime in the U.S. Experience of Lump-Sum Claims Settlement Processes
    by T.J. Feighery, Arent Fox LLP
  • Permanent Investment Tribunals: The Momentum is Building Up
    by O.E. Garcia-Bolivar, BG Consulting, Inc
  • The Challenges of Creating a Standing International Investment Court
    by E. Zuleta, Gómez-Pinzón Zuleta Abogados S.A.

CHAPTER V - FURTHER ADVANCING THE REFORM OF ICSID

• Achieving a Faster ICSID
  by A. Raviv, Wilmer Cutler Pickering Hale and Dorr LLP
• Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions
  by J. Kim, Yonsei Law School
• Fragmentation and Harmonization in the ICSID Decision-Making Process
  by R. Castro de Figueiredo, Tauil & Chequer Advogados Associado a Mayer Brown LLP
• ICSID Annulment Standards: Who Has Finally Won the Reisman vs Broches Debate Two Decades Ago?
  by N. Tsolakidis, White & Case LLP
• ICSID Annulment Reform: Are We Looking at the Right Problem?
  by M.B. Silberman, Arnold & Porter LLP
• The trembling legitimacy of the ICSID annulment system in the light of decisions by Ad Hoc Committees vis-à-vis the Ad Hoc Committee decisions
  by V. Giraud Martinelli, Mezgravis & Asociados
• Addressing and Redressing Errors in ICSID Arbitration
  by D.B. Gosis, Gomm & Smith P.A.

CHAPTER VI - AN APPELLATE SYSTEM

• Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-US FTA?
  by B. Legum, Dentons
• Appellate Review in Investor State Arbitration
  by E.Y. Park, Kim & Chang
• Reform of the investor-State arbitration regime: the appeal proposal
  by G. Bottini, Arbitrator and Advisor on Issues of Int’l Law and Int’l Litigation
• Introduction of an Appellate Review Mechanism for International Investment Disputes - Expected Benefits and Remaining Tasks
  by J. Lee, School of Law, Seoul National University
• Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Instead
  by K. Andelic, University of Niš, Faculty of Law

CHAPTER VII - INVESTOR-STATE MEDIATION

• Mediation use in ISDS
  by F. Khalifa, Egyptian State Lawsuits Authority (ESLA)
• Enabling Early Settlement in Investor-State Arbitration - The Time to Introduce Mediation Has Come
  by J. Lack, Independent ADR Neutral & Attorney-at-Law; M. Leathes, International Mediation Institute (IMI); W.J. von Kumberg, Northrop Grumman Corporation
• Integrating Mediation Into Investor-State Arbitration
  by N.A. Welsh, Penn State Law; A. Schneider, Marquette Law School
• The Advantages of Mediation and the Special Challenges to its Utilization in Investor State Disputes
  by E. Sussman, SussmanADR
• Alleviating the Disruptive Nature of Investment Arbitration: Some Remarks on Restitution and Post-Arbitration ADR
  by N. Angelet, Liedekerke Wolters Waelbroeck Kirkpatrick
• Investor-State Conflict Management: A Preliminary Sketch
  by R. Echandi, International Finance Corporation, World Bank

CHAPTER VIII - REFORMING FROM WITHIN

• The Sixth Path: Reforming Investment Law from Within
  by S.W. Schill, Max Planck Institute for Comparative Public Law and International Law
• The Margin of Appreciation in International Investment Law
  by J. Arato, Columbia Law School
• By Equal Contest of Arms: Jurisdictional Proof in Investor-State Arbitrations
  by F.G. Sourgens, Washburn University School of Law
• Interim Costs Orders: The Tribunal’s Tool to Encourage Procedural Economy
  by J. Sullivan, Allen & Overy LLP; D. Ingle, Allen & Overy LLP
• Reforming the Approach to Costs in Investment Treaty Arbitration
  by M. Hodgson, Allen & Overy LLP
• Distinguishing Investors from Exporters under Investment Treaties
  by M. Feldman, Peking University School of Transnational Law
• Collective Action in Investment Arbitration to Enforce Small Claims Justice to the Deprived or Death Knell for the System of Investor-State Arbitration?
  by S. Wilske, Gleiss Lutz Rechtsanwälte
• ICSID Treaty Counterclaims: Case Law and Treaty Evolution
  by J.A. Rivas, Arnold & Porter LLP

http://www.transnational-dispute-ma...