Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law

INTERNATIONAL INVESTMENT LAW AND COMPARATIVE PUBLIC LAW, Chapter 20, Schill, ed., Oxford University Press, Forthcoming

42 Pages Posted: 16 Aug 2010 Last revised: 19 Aug 2010

See all articles by Gus Van Harten

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: July 19, 2010

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.

Keywords: investment, arbitration, process, fairness, rule of law

Suggested Citation

Van Harten, Gus, Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law (July 19, 2010). INTERNATIONAL INVESTMENT LAW AND COMPARATIVE PUBLIC LAW, Chapter 20, Schill, ed., Oxford University Press, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1658523 or http://dx.doi.org/10.2139/ssrn.1658523

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)

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