Another Rip in the Arbitration Veil? Transparency in the Wake of Forresti and Giovanna

14 Pages Posted: 24 Mar 2013 Last revised: 11 Apr 2013

See all articles by Malcolm Langford

Malcolm Langford

University of Oslo, Faculty of Law, Department of Public and International Law

Date Written: August 11, 2011

Abstract

In debates over the democratic deficit of international institutions, transparency is usually the legitimacy criteria most easily satisfied. It is therefore a sign of the ongoing legitimacy crisis within international investment arbitration that this element has remained so elusive. While some of this could be attributed fairly to the historical development of investment arbitration – an outgrowth from classical commercial arbitration – investment issues are often of public significance and investors themselves have politicised the use of investment treaties. This paper analyses the emerging response of the investment arbitration regime to demands for greater transparency and shadows two contrasting approaches in recent cases.

Suggested Citation

Langford, Malcolm, Another Rip in the Arbitration Veil? Transparency in the Wake of Forresti and Giovanna (August 11, 2011). University of Oslo Faculty of Law Research Paper No. 2013-08, Available at SSRN: https://ssrn.com/abstract=2238495 or http://dx.doi.org/10.2139/ssrn.2238495

Malcolm Langford (Contact Author)

University of Oslo, Faculty of Law, Department of Public and International Law ( email )

P.O. Box 6706 St. Olavs plass
N-0130 Oslo
Norway

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