Transcript of the presentation by Barry H. Garfinkel (Session Three: Denial of Justice in Local Courts)
Article from: TDM 4 (2005), in BIICL Investment Treaty Forum Conference
I want to address the concept of denial of justice and how it arises in three different settings. My comments in this regard may seem to be basic and elementary but, I think, bear repetition. At its most basic, denial of justice is one of the core arguments underlying the case for arbitrating investor-state disputes in a neutral international forum. Foreign investors have long expressed a concern that the courts of the host states may be subject to influence by their executive branch thereby preventing a fair hearing of the investment dispute and/or the domestic laws (including ...