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Arbitrator Integrity And Investor-State Disputes

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Chapter Summary

During the past several decades bilateral and multilateral treaties have given foreign investors an opportunity to arbitrate disputes even in absence of any direct concession with the host State. The paradigm shift from contract to treaty means that arbitrator integrity has become more vital to host State acceptance of arbitration as the normal vehicle to resolve investor claims related to expropriation and discrimination, particularly as such claims increasingly affect vital national interests such as environment, taxation, and administration of justice. A treaty-based standing offer to arbitrate gives foreign investors a direct right of action against host State, exercisable as the occasion arises, subject always to conditions provided in treaty or statute itself. Without host-State participation in bilateral investment treaties (BITs) and free trade agreements (FTAs), investment arbitration would take a very different aspect. Investor-State arbitration succeeds only if the process appears fair to host State as well as investor interests.

Keywords: arbitrate disputes; arbitrator integrity; bilateral investment treaties (BITs); contract; foreign investors; free trade agreements (FTAs); investor-state disputes; multilateral treaties



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