Chapter 11 On the contribution of investment arbitration to issues of evidence and procedure before other international courts and tribunals
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This chapter examines the contribution of investment arbitration to international dispute settlement more generally in relation to matters of evidence and procedure. It first of all examines the practice of a number of inter-State dispute settlement fora in an attempt to gauge the contribution of the considerable body of practice of investment arbitration which has been built up over the course of the last few decades. It is shown that, at least at this point in time, this contribution is difficult to discern and appears to vary from one context to another. Next, this chapter contends that investment arbitration is in practice an important point of reference for the resolution of 'cross-cutting' issues of evidence and procedure, with significant potential to influence the handling of similar issues before other courts and tribunals. Accordingly, the strict position taken by some inter-State tribunals to date, which circumscribes reference to investment arbitration practice on account of it not being a relevant source of law, is undesirable. For international courts and tribunals to wilfully deprive themselves of this potentially fruitful source of inspiration and guidance on issues of evidence and procedure is unnecessarily isolationist and potentially harmful to international law as a discipline more generally.

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