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Deference, Clarity, and the Future of Arbitration in Investor-State Dispute Settlements
The result in BG Group, PLC demonstrates the Court’s desire to sustain arbitration as an effective and independent means of resolving disputes. The Court displayed an inclination to limit the influence of the judiciary on the process of BIT arbitration, recognizing the important position of BITs in global commerce and the prominence of the United States. Ultimately, the Court aligned the interpretive framework of domestic and international arbitration review in an effort to simplify review for courts and better inform stakeholders to the level of involvement of the judicial system in BITs that contain arbitration provisions.
Robert N. Mace,
Deference, Clarity, and the Future of Arbitration in Investor-State Dispute Settlements,
2015 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/14