The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals
Introduction, Text and Commentaries

The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.

Campbell McLachlan (Author)

9781316517826, Cambridge University Press

Hardback, published 18 November 2021

146 pages
23.5 x 15.7 x 1.2 cm, 0.33 kg

The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

Part I. Application to the Establishment of the Tribunal: 1. Forum
2. Tribunal Part II. Application to the Procedure of the Tribunal
1. Parties
2. Pleading and evidence
3. Substantive equality of arms.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Settlement of international disputes [LBH], Transnational commercial law [LBDK], Investment treaties & disputes [LBBM3], Public international law [LBB]