Kluwer: The Unilateral Appointment of Adjudicators to a Multilateral Investment Court: A Failed Attempt to Enhance the Legitimacy of the System?

By Oguzhan Samanci (Humboldt University of Berlin) and Shay Lakhter (S. Horowitz & Co.)

Investor-State Dispute Settlement (“ISDS”) has gone through significant changes over the years. Before arbitration became the principal mechanism for resolving investment disputes, options of foreign investors were limited to either initiating proceedings before national courts or relying on diplomatic protection. The dissatisfaction with both options, for reasons of a perceived lack of neutrality and sufficient...