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The Revolving Door In International Investment Arbitration, Daniel Behn, Malcom Langford, Runar H. Lie
The Revolving Door In International Investment Arbitration, Daniel Behn, Malcom Langford, Runar H. Lie
Daniel Behn
It is often claimed that international investment arbitration is marked by a revolving door: individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert witness, or tribunal secretary. If this claim is correct, it has implications for our understanding of which individuals possess power and influence within this community; and ethical debates over conflicts of interests and transparency concerning ‘double hatting’—when individuals simultaneously perform different roles across cases. In this article, we offer the first comprehensive empirical analysis of the individuals that make up the entire investment arbitration community. Drawing on our database of 1039 investment arbitration cases (including …
Poor States Or Poor Governance? Explaining Outcomes In Investment Treaty Arbitration, Daniel Behn, Tarald Berge, Malcolm Langford
Poor States Or Poor Governance? Explaining Outcomes In Investment Treaty Arbitration, Daniel Behn, Tarald Berge, Malcolm Langford
Daniel Behn
Is investment treaty arbitration (ITA) tarnished by a boas against developing states? The international investment regime relies heavily on arbitration for the enforcement of its substantive rules but critique has risen as the number of foreign investor claims have stacked up in recent years. Current empirical research is ambiguous in its evaluation of ITA outcomes, but an interesting strand finds that the difference in treatment afforded to developed and developing respondent states in ITA seems to be explained by a conflation of democratic governance and economic development status. We present an elaboration of this conflation theory and, using the largest …