Does an Arbitrator’s Background Influence the Outcome of an Investor-State Arbitration?
In: The Law & Practice of International Courts and TribunalsSearch for other papers by Rodrigo Polanco Lazo in
Current site
Google Scholar
Search for other papers by Valentino Desilvestro in
Current site
Google Scholar
Abstract
The goal of this article is to determine whether the background of an arbitrator could be considered as a determinant of case-outcomes in investor-state dispute settlement (ISDS). Using the existing literature on arbitrators’ bias and experience as a starting point, this study analyses several characteristics of arbitrators as part of their “background”, grouping them into two basic categories: ISDS experience (related to their previous involvement as arbitrator or member of an annulment committee in investor-state arbitration), and personal characteristics (including age, gender, language, nationality, background legal studies and professional background). Our research concludes that, with some exceptions, generally there does not seem to be a decisive influence between the arbitrator’s ISDS experience or personal characteristics in the outcome of an investor-state arbitration case.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 557 | 116 | 23 |
| Full Text Views | 305 | 8 | 0 |
| PDF Views & Downloads | 223 | 26 | 0 |
Does an Arbitrator’s Background Influence the Outcome of an Investor-State Arbitration?
In: The Law & Practice of International Courts and TribunalsSearch for other papers by Rodrigo Polanco Lazo in
Current site
Google Scholar
PubMed
Search for other papers by Valentino Desilvestro in
Current site
Google Scholar
PubMed
Abstract
The goal of this article is to determine whether the background of an arbitrator could be considered as a determinant of case-outcomes in investor-state dispute settlement (ISDS). Using the existing literature on arbitrators’ bias and experience as a starting point, this study analyses several characteristics of arbitrators as part of their “background”, grouping them into two basic categories: ISDS experience (related to their previous involvement as arbitrator or member of an annulment committee in investor-state arbitration), and personal characteristics (including age, gender, language, nationality, background legal studies and professional background). Our research concludes that, with some exceptions, generally there does not seem to be a decisive influence between the arbitrator’s ISDS experience or personal characteristics in the outcome of an investor-state arbitration case.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 557 | 116 | 23 |
| Full Text Views | 305 | 8 | 0 |
| PDF Views & Downloads | 223 | 26 | 0 |