John Y. Gotanda, Associate Dean for Faculty Research and Professor of Law at Villanova University School of Law, has published Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review (Fall 2013) 28 (2): 420-437; Villanova Law/Public Policy Research Paper No. 2013-3039. In his article, Professor Gotanda discusses the role of arbitration in the often high stakes world of investment treaties. He also advocates for the adoption...
However effective and broadly adopted the Convention and Rules of the International Centre for Settlement of Investment Disputes (ICSID) have been, the ICSID Conciliation Rules have enjoyed very little respect and have seldom been used.
This is especially to be regretted, because ICSID arbitrations, though relatively few in number, are often time-consuming, recondite, expensive and magnets for ancillary proceedings. It has also been observed that the outcomes of ICSID arbitrations are less...