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Contribution to Book
Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law
International Investment Law and Comparative Public Law. Oxford, UK: Oxford University Press, 2010.
  • Gus Van Harten, Osgoode Hall Law School of York University
Document Type
Book Chapter
Publication Date
1-1-2010
Keywords
  • arbitration,
  • fairness,
  • investment,
  • process,
  • rule of law
Abstract
Investment treaty arbitration is often promoted as a fair, rules-based system that advances the rule of law. The system falls short of this expectation, however, due to its unique combination of arbitration and public law, its asymmetrical claims structure, its reliance on executive officials to make case-by-case appointments, and its attenuation of judicial oversight. The focus of concern is not actual bias on the part of individual arbitrators but, more appropriately, institutional and procedural aspects of the adjudicative process that raise suspicions of bias.
Comments
This material was originally published in International Investment Law and Comparative Public Law edited by Stephan W. Schill, and has been reproduced by permission of Oxford University Press. For permission to reuse this material, please visit http://global.oup.com/academic/rights.
Citation Information
Gus Van Harten. "Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law" International Investment Law and Comparative Public Law. Oxford, UK: Oxford University Press, 2010. (2010)
Available at: http://works.bepress.com/gus_vanharten/134/