Issue Conflict in ICSID Arbitrations
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
Introduction
It is self-evident that " [i]n order to maintain its legitimacy in the eyes of its users, and the public at large, international arbitration must ensure that its decision makers are perceived as trustworthy and independent. " The imperative to maintain the procedural fairness and legitimacy of the arbitral process applies equally (if not more so) to investment treaty arbitration- that is, arbitrations brought by foreign investors against host states for the latter's alleged violation of investment protection standards enshrined in international investment treaties- given that their ...