The investor and the state jointly select the arbitration tribunal. and impact, but their “pro-investor imbalance can (also) constrain the ability of governments to  15 May 2019 Investment arbitration is undertaken to resolve disputes between a foreign arbitrators are known for adopting a “pro-State” or a “pro-investor” 

GAO Investor Study Relies on SAC Database. This section provides important background on the securities arbitration field, and resources for additional information - useful for practitioners, investors, students, and anyone who would like an all-encompassing view. Arbitration Forums Jane Kelsey | The Crisis of Legitimacy in International ... Jan 09, 2018 · Legal scholars writing on the TPP observed that it did not address some major concerns about the investment rules and enforcement. ‘Left’ critiques were especially critical of the expansive definitions of investment and the vaguely worded investor protections that gave arbitrators abundant scope for pro-investor interpretations. REPORT TO THE SECURITIES AND EXCHANGE COMMISSION … pro-industry bias. To date, available empirical evidence, particularly with respect to investor perceptions of the arbitration process, is fairly limited and only suggests that there are no substantial systemic problems in SRO arbitrations. As a result, this Report recommends that the SROs sponsor

Detecting Bias in International Investment Arbitration

31 Jul 2019 professional lives as arbitrators, counsel, and experts, and regularly appoint each other as a matter of routine, which heightens that risk.6 The  1 Oct 2018 Chapter 3: Transparency in international investment arbitration. 53 states would 'pack' the roster with pro-respondent adjudicators.138. Sectors affected by claims 8. The arbitrators in the cases 9. The law firms who defends the investors and states 10. The rules of the game and the institutions. Including a review of the book “The Rise of Investor-State Arbitration: Politics, Law, and of Commerce: Towards consolidation of a 'Pro Arbitration' Approach. II. The Role of Institutions and. Professional Associations. 8.10. A. International Centre for Settlement of. International Disputes (ICSID). 8.10. B. Permanent Court  

The Boundaries of Investment Arbitration analyses references to European human rights and WTO law in investor-state rulings, advances reasons for these resorts to “non-investment” law, and puts these “boundary crossings” in broader context. It enumerates the legal gateways for these “public law” references and considers what engagement with human rights and trade law tells us

4 Apr 2019 The requirements that arbitrators be independent and impartial are A more systemic criticism relate to the perceived pro-investor bias of ISA. 6 Jun 2018 INDIA – on the problem of pro-investor and pro-state arbitrators for impartiality and independence: “The very fact that there are investors  The outside world has varying perceptions about investment arbitrators. I submit that neither excuse is valid and that they should continue with their main pro-.

EconStor: Winning or losing in investor-to-state dispute ...

Choice of Law and Interpretive Authority in Investor-State Arbitration Joshua Karton* This article rejoins one of the core debates in investor-state arbitration, over the extent to which arbitrators may refer to sources of international law beyond the investment treaty that governs the dispute.

Detecting Bias in International Investment Arbitration Anton Strezhnevy Draft March 12, 2016 Abstract These investor-state ICSID arbitration. I nd conditional evidence of pro-claimant bias among arbitrators from advanced economies. I estimate that when the presiding member is a national of an ad-

31 Dec 2018 he question of whether investor-state arbitration is bro- pro-corporate bias of current investment agreements, they have tilted the re-. that bind states in their relations with foreign investors. Such uncertainty affords arbitrators room to indulge what is alleged to be a pro-investor bias. It may chill  A Investment and Treaty Arbitration Trends; B ISDS Policy Developments in investment treaties in the region may develop an even more pro-host-state stance. 13 Mar 2018 vourable award, the funder's investment is lost.”1. The wider topic of ing for international arbitration and related court pro- ceedings, subject to  26 Mar 2019 The third sec- tion provides highlights from some of the ISDS reform pro- arbitrators would basically depend on investors initiating claims for  19 Nov 2018 abandonment of investment arbitration in favor of soft-law grievance causes of pro-investor bias and of the overall inconsistency of arbitral 

3 Questions To Ask When Appointing An Arbitrator - Law360