Recent Articles by Governing Board Members

“Challenges of Arbitrators in Investment Arbitration: Still Work in Progress?” in Arbitration Under International Investment Agreements: A guide to the key issues, pp. 153-182 by Loretta Malintoppi and Alvin Yap. by Loretta Malintoppi
An important aspect of the criticism of investor- state dispute settlement (ISDS) concerns the qualities of arbitrators and their independence and impartiality. Amongst the detractors of the system is US Senator Elizabeth Warren who warned inter alia that ‘ISDS could lead to gigantic fines, but it wouldn’t employ independent judges. Instead, highly paid corporate lawyers would go back and forth between representing corporations one day and sitting in judgment the next.
"Breach of Treaty Claims and Breach of Contract Claims: Is it still unknown territory?" in Arbitration Under International Investment Agreements: A guide to the key issues, pp.323-350. by Mr. Stanimir A. Alexandrov (Washington DC., United States)
Foreign investments are often made by means of a contract between the investor and an entity of the host governments. The article discusses how treaty-based tribunals approach disputes that arise out of such contracts.
"International Arbitration as a Transnational System of Justice," in Arbitration - The Next Fifty Years, ICCA Congress Series No. 16, 2012, pp.66-73. by Prof. Dr. Emmanuel Gaillard (Shearman & Sterling LLP, Paris, France)
International arbitration is increasingly recognized as a transnational system of justice, if not a genuinely autonomous legal order, sometimes labeled as the arbitral legal order. This evolution, however, continues to generate robust controversies on the extent of autonomy of international arbitration from national legal systems and the role, if any, that the seat of the arbitration should have over the arbitral process.

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