PhD defence W. (Wanli) Ma

Reforming Investor-State Dispute Resolution: Focusing on the roles of domestic courts

W. Ma will defend his PhD dissertation on Wednesday 7 December 2022, entitled: ’Reforming Investor-State Dispute Resolution: Focusing on the roles of domestic courts‘.

Promotor
Prof.dr. M.G. Faure
Promotor
Prof.dr. Y. Li
Date
Wednesday 7 Dec 2022, 13:00 - 14:30
Type
PhD defence
Space
Senate Hall
Building
Erasmus Building
Location
Campus Woudestein
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Summary:

In recent years, international investment law in general and investor-state dispute settlement (ISDS) have become victims of their own great success. With the increasing number of investor-state arbitration (ISA) cases, both public actors and private actors expressed their concern over the dispute settlement mechanism between host states and foreign investors. The international community has launched initiatives in an effort to reform ISDS, most of the proposals so far have been concerned with ISA instead of the roles of domestic courts. Considering that domestic courts also play important roles in ISDS, attempts to reform ISDS should also look at the roles and positions of domestic courts in the current ISDS system. This thesis focuses on the adjudicative role of the domestic courts of host states and the supervisory role of domestic courts at the seat of arbitration and investigates whether the current set-up of the system is appropriate and effective. In the conclusion, I argue that a smart mix of court litigation and investment arbitration should be established and the judicial review mechanism should be replaced by a de-localized appellate mechanism.

More information

The public defence will begin exactly at 13.00 hrs. The doors will be closed once the public defence starts, latecomers may be able to watch on the screen outside. There is no possibility of entrance during the first part of the ceremony. Due to the solemn nature of the ceremony, we recommend that you do not take children under the age of 6 to the first part of the ceremony.

A live stream link has been provided to the candidate.

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