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The Ethics and Empirics of Double Hatting

ESIL Reflection Vol. 6 No. 7

12 Pages Posted: 27 Jul 2017  

Malcolm Langford

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

Daniel Behn

PluriCourts, University of Oslo; Pennsylvania State University, Penn State Law

Runar Lie

Pluricourts

Date Written: July 24, 2017

Abstract

Is it time to end the practice of double hatting in international adjudication? In this ESIL Reflection, we examine the practice of double hatting in the specific context of international investment arbitration. We ask three questions: how widespread is the practice; when is it a problem; and what can be done? In doing so, we introduce and develop new empirical findings but also make links between investment arbitration and broader practices in international adjudication.

Suggested Citation

Langford, Malcolm and Behn, Daniel and Lie, Runar, The Ethics and Empirics of Double Hatting (July 24, 2017). ESIL Reflection Vol. 6 No. 7. Available at SSRN: https://ssrn.com/abstract=3008643

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

Daniel Behn

PluriCourts, University of Oslo ( email )

P.O. Box 6706, St. Olavs Plass 5
0166 Oslo
Norway

Pennsylvania State University, Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

Runar Lie

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

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