International dispute settlement mechanism is experiencing unprecedented challenges and a legitimacy crisis. Efforts for reform have been made by various stakeholders to respond to the public criticism. What are the challenges and opportunities in the international dispute settlement mechanism?
The Young Scholars Workshop was chaired by Associate Professor Kun Fan and joined by Dr Chen Yu, McGill University Faculty of Law, Mr Raymond Gao, PhD scholar at ANU, Dr Lucas Clover Alcolea, postdoctoral associate in the Scheinman Institute on Conflict Resolution at Cornell University’s ILR School, Ms Yue Zhao, PhD candidate at Law School, University of Geneva, and Ms Yueming Yan, doctoral student at McGill University Faculty of Law.
This panel discussed a number controversial issues facing international dispute settlement mechanism, from the covid-19 crisis and investment contracts under the ICSID Convention, to human rights issues arising out of investment treaty arbitration, from corruption and bribery occurring between investors and public officials of host states, to the applicability of New York Convention to investment treaty arbitration awards. It also explored some of the investor-state dispute settlement (ISDS) reform options, such as dispute prevention mechanisms in ISDS and its implications for legal pluralism.