Investment Claims and Arbitrator Comportment
Article from: TDM 1 (2012), in A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought
Thomas Wälde had such a curious mind that any speculation about his favorite object of inquiry might best be left to the other side of eternity. Without doubt, however, arbitration of investment claims held a special place among the subjects that engaged his intellect. Such arbitration supplied what he called 'external adjudicatory discipline' to investor-state relations, enhancing the rule of law, human rights and cross-border economic cooperation. The proposition that arbitration disciplines investment begs an inquiry into the forces that discipline the arbitrators ...