Comments on Judicial Independence and Impartiality in ISDS: A Paper Prepared for the UNCITRAL Working Group III

20 Pages Posted: 30 Jan 2019

See all articles by Gus Van Harten

Gus Van Harten

York University - Osgoode Hall Law School

Pavla Křístková

York University - Osgoode Hall Law School; University of East Anglia (UEA) - Norwich Law School; York University, Osgoode Hall Law School, Students

Date Written: December 19, 2018

Abstract

This paper was prepared in support of the mandate of Working Group III to consider the possible reform of investor-state dispute settlement (ISDS) for reasons of independence and impartiality. It outlines the deep flaws in the current design of ISDS on this issue and offers ideas about reforms to incorporate essential safeguards.

Keywords: UNCITRAL Working Group III, Judicial Independence, Investment treaty arbitration, Investor-State Dispute Settlement, ISDS, Rule of law

Suggested Citation

Van Harten, Gus and Kristkova, Pavla, Comments on Judicial Independence and Impartiality in ISDS: A Paper Prepared for the UNCITRAL Working Group III (December 19, 2018). Available at SSRN: https://ssrn.com/abstract=3323010 or http://dx.doi.org/10.2139/ssrn.3323010

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

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

Pavla Kristkova

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

University of East Anglia (UEA) - Norwich Law School ( email )

Norwich NR4 7TJ, Norfolk
United Kingdom

York University, Osgoode Hall Law School, Students ( email )

North York, Ontario
Canada

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