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The Diversity Deficit in International Investment Arbitration

In: The Journal of World Investment & Trade
Authors:
Andrea K. Bjorklund McGill University, Faculty of Law Montreal Canada

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Daniel Behn Queen Mary University of London London United Kingdom

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Susan D. Franck American University, Washington College of Law Washington DC United States

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Chiara Giorgetti University of Richmond School of Law Richmond, VA United States

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Won Kidane Seattle University School of Law Seattle, WA United States

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Arnaud de Nanteuil University of Paris Est Créteil (Paris 12) Paris France

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Emilia Onyema SOAS University of London London United Kingdom

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Online Publication Date:
22 Jun 2020
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Abstract

The United Nations Commission on International Trade Law (UNCITRAL) Working Group III on ISDS (Investor-State Dispute Settlement) Reform considers issues of adjudicator diversity to be an area of concern for the legitimacy of the ISDS system. Studies show that nearly all of the most prominent and repeatedly appointed arbitrators in ISDS cases are men from the Global North with significant prior experience in ISDS cases. Rather than being seen as fair, just, and devoid of bias, decisions are sometimes suspected to be the products of adjudicators who share a particular world view. This article focuses on four key issues: (1) how a lack diversity affects the real and perceived legitimacy of the ISDS system; (2) empirical evidence on the current extent of the diversity problem in ISDS; (3) the causes of the perpetuation of the diversity deficit in ISDS; and (4) what can be done to improve diversity in ISDS.

Title:
The Diversity Deficit in International Investment Arbitration
Article Type:
Research Article
DOI:
https://doi.org/10.1163/22119000-12340177
Language:
English
Pages:
410–440
Keywords:
arbitrator selection; arbitrator appointment; diversity; gender; investment arbitration reform; legitimacy and ISDS; nationality; United Nations Commission on International Trade Law (UNCITRAL) Working Group III
In:
The Journal of World Investment & Trade
In:
Volume 21: Issue 2-3
Publisher:
Brill | Nijhoff
E-ISSN:
2211-9000
Print ISSN:
1660-7112
Subjects:
International Commercial, Trade & Investment Law, International Law

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