Abstract

http://ssrn.com/abstract=1658523
 
 

Footnotes (155)



 


 



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


Gus Van Harten


York University - Osgoode Hall Law School

July 19, 2010

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

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.

Number of Pages in PDF File: 42

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

working papers series


Download This Paper

Date posted: August 16, 2010 ; Last revised: August 19, 2010

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: http://ssrn.com/abstract=1658523 or http://dx.doi.org/10.2139/ssrn.1658523

Contact Information

Gus Van Harten (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,579
Downloads: 480
Download Rank: 31,852
Footnotes:  155

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds