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21 Atl. L.J. 1 (2019)
Addressing the Issues in Investor-State Arbitration: Is It Time for a New Direction

handle is hein.journals/atlanic21 and id is 13 raw text is: 

ATLANTIC LAW JOURNAL, VOLUME 21


ADDRESSING THE ISSUES IN INVESTOR-
  STATE ARBITRATION: IS IT TIME FOR A
              NEW DIRECTION?

              JAMES S. WELCH, JR.*


              1.     INTRODUCTION

       Throughout the over fifty-year history of the
International Centre for Settlement of Investment
Disputes (ICSID), there have been mixed reviews
regarding the efficacy, efficiency, impartiality and
transparency of the arbitration-based system for
investor-state dispute settlements (ISDS). In 1966
the  ICSID    was   established  using  voluntary
arbitration as a mechanism for settling investment
disputes between investors and host nations. It has
grown tremendously since that time, both in terms of
the numbers of ISDS cases and the financial amounts
involved in the cases. Since its establishment, over
600 cases have been arbitrated by an independent
conciliation commission or arbitral tribunal and the
initial 20 signatories has grown to over 150

* Professor of Instruction, Sykes College of Business, The
University of Tampa. Ph.D., University of South Florida,
Tampa; J.D., University of Kentucky; M.A., University of
Alabama; M.B.A., Florida State University; B.A., University
of South Carolina.

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