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Investor-State arbitration is currently a much-debated topic, both
within the legal community and in the public at large. In Towards
Consistency in International Investment Jurisprudence, Katharina
Diel-Gligor addresses the alleged proliferation of inconsistent
decision-making in this field - one of the main points of concern
raised in the ongoing discussions. After exploring whether such
criticism is appropriate at all, she goes on to examine the
different causes, forms, and manifestations of the inconsistencies
that exist through a detailed analysis of ICSID arbitration. The
author then canvasses possible approaches to reform and concludes
that an ICSID preliminary ruling system - the practicalities of
which are set out in the study - is a suitable means for enhancing
consistency in investment arbitration and moving towards a
jurisprudence constante.
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