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Public Or Private Dispute Settlement? The Culture Clash In Investment Treaty Arbitration And Its Impact On The Role Of The Arbitrator

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Chapter Summary

Investment treaty arbitration between foreign investors and host States is a relatively young field that has emerged to its full force only during the last decade. This chapter analyzes the conceptual differences in approaches to investor-State dispute resolution by private commercial and public international lawyers, arguing that investment treaty arbitration involves several dimensions of publicness, that is, effects and impact beyond the settlement of a specific dispute as such. Furthermore, the chapter discusses with respect to some selective examples, to which extent this categorization normatively shapes the understanding of the role of the arbitrator in investment treaty cases, its professional and ethical obligations, and the way arbitrators must exercise their procedural powers in conducting proceedings.

Keywords: arbitrator; investment treaty arbitration; investor-State dispute



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