Chapter 4 The move towards investor-state dispute settlement reform: an overview of options for ASEAN Member States
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Chapter 4 presents an overview of the concerns about existing ISDS and identifies the full menu of reform options put forward internationally as a response. Four types of concern are addressed: (i) the consistency, coherence, predictability and correctness of arbitral decisions; (ii) the current methods of appointing arbitrators, and the state of the existing rules addressing their qualifications and ethics requirements; (iii) the (often) excessive cost and duration of proceedings; (iv) the perceived imbalance of control in the investor-state dispute settlement process between respondent states and claimant investors. The full range of options for reform (that is, both structural and non-structural) that could appeal to ASEAN member states is then presented. The overall aim is to provide a framework for analysis for ASEAN member states, by identifying considerations relevant to their assessment of the suitability or necessity of each reform option. Finally, the question of 'operationalisation' of reform is considered.

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