Lawyers as Law-Makers in Investor-State Arbitration: Implications for its Legitimacy and Current Reforms
Article from: TDM 4 (2023), in Investor-State Disputes - International Investment Law
Abstract
Role of lawyers has been fundamental to the creation, development and reformation of the Investor-State Arbitration (ISA) system. This article conceptualizes the role of private lawyers acting as counsels and arbitrators in ISA as an epistemic community bound together in their shared beliefs about the ISA system and fostering the growth of a common culture of arbitration. As arbitrators and counsels, private lawyers continue to impact the development of ISA by developing substantive principles of international investment law. There is evidence to suggest that international investment ...