Balancing finality and accuracy in investment arbitration cases

By Fu Xiangyu, BAC/BIAC
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Balancing finality and accuracy in investment arbitration cases, 投资仲裁案件终局性与准确性的兼容
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In recent years, issues related to investment arbitration reform have attracted widespread discussion. One such issue is the establishment of an appeal mechanism for investment arbitration. There is no doubt that the establishment of an appeal mechanism is a challenge to the finality of investment arbitration. Although the appeal mechanism faces lots of critics, it actually provides a possibility to balance the finality and accuracy of the investment arbitration award.

The Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC) promulgated the Rules for International Investment Arbitration on 1 October 2019, the first rules to introduce an appeal mechanism, which also takes these two essential elements into account. In order to ensure the compatibility of the finality and accuracy of the case, a balance was made between the two elements when the rules were drafted.

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Fu Xiangyu is a case manager at Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC). BAC/BIAC case manager Li Yejing also contributed to the article

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