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The ongoing ‘legitimacy crisis’ in investor-State dispute settlement (ISDS) has triggered a comprehensive attempt at multilateral reform. In 2017, Working Group III at the United Nations Commission on International Trade Law (UNCITRAL) was entrusted with a broad, open-ended and...
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Investment arbitration has long been dominated by a coterie of Western “grand old men.” Is it still? In this paper, we … examine the inroads women have made, drawing on a new database of approximately 4000 individuals in investment arbitration. We … exploit the variation in appointment procedures between the roles in arbitration: arbitrator (distinguishing between …
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investments (all other purposes are ancillary). And from that perspective, investment treaty arbitration appears to be performing … this function. This purpose (providing for investment treaty arbitration) is a response to a long-standing historical … treaty arbitration might hold that while investment treaty arbitration has issues worthy of reform, efforts to dismantle the …
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Contracts (PICC) in investment arbitration. The PICC are ‘a non-legislative codification or “restatement” of the law of … commercial disputes that are to be solved by arbitration, as opposed to national courts of law. A sub-set of these international …-set are similar to commercial arbitration, there are also key distinctions. This article will look specifically at the sources …
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