An Alternative Tribrid Framework for a Multilateral Reform of the Investor–State Dispute Settlement Regime

Abstract

This Thesis proposes an alternative tribrid framework for a multilateral reform of the investor–State dispute settlement regime to promote accuracy and consistency in treaty-based claims of investment disputes in a way that minimises private costs, facilitating both the cross-border investment climate and legal certainty. This is accomplished by a comparative analysis of the investor–State arbitration regime, the World Trade Organization dispute settlement system, and the European Union multilateral investment court proposal. Based on the lessons learned from these models, this Thesis develops a tribrid theory and suggests alternatives for putting this theory into practice contributing to the resolution of the debates regarding a multilateral reform of the investor‒State dispute settlement regime.