ABSTRACT
Investor-state dispute settlement in its form is based on or derived from commercial arbitration, but disputes between an investor and a state are fundamentally different from disputes between commercial partners, or even commercial disputes between a state and a private operator. This chapter deals with whether or how elements available in a standing court, such as the very existence of a standing court, consolidation of proceedings, and others, impact the consistency and predictability of decisions in investment disputes. It seeks to provide an assessment of the broad strokes presented by the European Union. The chapter looks at the possible options for increased consistency and predictability as well as independence and impartiality, mechanisms to implement such options, and models for possible inspiration. It addresses mechanisms that could be implemented in a standing court to ensure the independence and impartiality of the court and of its judges.
