Author(s)

Pei XIAO

Corresponding Author

Pei XIAO

Abstract

This report analyses the possibility of the Arab Investment Court as potential frontier of the Innovation of ISDS mechanism. It is the only investment court in the world, which has a dual function of economic regional integration and dispute settlement. Compared with investment arbitration, the advantages of the Arab Investment Court are fixed institution and two trial levels. In terms of practical experience, the Arab Investment Court is characterized as being greatly influenced by international politics which is a strong binding force on the contracting states and expanding jurisdiction. Based on research of the Arab Investment Court’s establishment process and main functions, this report will analyze the reasons for the opposition of Japan and China to the EU’s proposal of establishing a multilateral investment court which was expressed in the ISDS reform meeting held by the third working group of the United Nations Commission on International Trade Law: Investor-State Dispute Resolution in October 2019.

Keywords

Arab investment court, Arab investment agreement, ISDS mechanism, Investment arbitration