Screen LibraryThe legitimacy of investment arbitration : empirical perspectives /
"International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computa...
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| Group Author: | ; ; |
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| Published: |
Cambridge University Press,
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| Publisher Address: | Cambridge, United Kingdom : |
| Publication Dates: | 2022. |
| Literature type: | Book |
| Language: | English |
| Series: |
Studies on international courts and tribunals
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| Subjects: | |
| Summary: |
"International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, or excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and how a process of legitimation might occur"-- |
| Carrier Form: | xx, 560 pages : illustrations ; 24 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781108837583 1108837581 9781108931212 1108931219 |
| Index Number: | K3830 |
| CLC: | D997.4 |
| Call Number: | D997.4/L514 |
| Contents: |
Introduction : the legitimacy crisis and the empirical turn / The international investment regime and its discontents / Process legitimacy : independence and impartiality -- Testing cognitive bias : experimental approaches and investment arbitration / The influence of law firms in investment arbitration / Arbitrator challenges in international investment tribunals / Dissents in investment arbitration : on collegiality and individualism / Process legitimacy : legal reasoning -- Foreign investors, domestic courts and investment treaty arbitration / Ensuring correctness or promoting consistency : tracking policy priorities in investment arbitration through large-scale citation analysis / Fair and equitable treatment : ordering chaos through precedent / Output legitimacy -- The West and the rest : geographic diversity and the role of arbitrator nationality in investment arbitration / Mixing methodologies in empirically investigating investment arbitration and inbound foreign investment / Double jeopardy? : the use of investment arbitration in times of crisis / Who has benefited financially from investment treaty arbitration? : an evaluation of the size and wealth of claimants / Explaining China's relative absence from investment treaty arbitration / Legitimation strategies -- Does international arbitration enfeeble or enhance local legal institutions? / Lear |