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The use of investment treaty arbitration to decide public law raises concerns about judicial independence and impartiality. These concerns arise from the absence of institutional safeguards of independence that are otherwise present in public law adjudication at the domestic or international...
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The study examines arbitrator behaviour in the uniquely context of investment treaty arbitration. It employs the method of content analysis to test hypotheses of systemic bias in the resolution of jurisdictional issues in investment treaty law. Unlike earlier studies, the study examines trends...
Persistent link: https://www.econbiz.de/10014165474
The article draws on the theoretical perspective of Third World Approaches to International Law (TWAIL) to review a case study in international investment arbitration. The case study is an International Chamber of Commerce arbitration arising from controversies over Bechtel, Enron, and the...
Persistent link: https://www.econbiz.de/10014177875
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...
Persistent link: https://www.econbiz.de/10013000492
In this short article, data is presented on the striking lack of women arbitrators in investment treaty arbitrations.The author argues for a mandatory roster system to ensure a more publicly accountable and deliberative merit-based appointments process while also enhancing arbitrator independence
Persistent link: https://www.econbiz.de/10013110659