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Is The Truth In The Eyes Of The Beholder? The Perils And Benefits Of Empirical Research In International Investment, Chiara Giorgetti
Is The Truth In The Eyes Of The Beholder? The Perils And Benefits Of Empirical Research In International Investment, Chiara Giorgetti
Law Faculty Publications
Empirical research is the new hot trend in international law. An increasing number of publications include empirical data that aim at strengthening their author's argument. Indeed, empirical data are used to make an argument less fallible, as the author's conclusions are transformed from subjective to objectively proven by the empirical wrap. Professor Catherine Rogers' novel article, The Politics and Empirics of International Investment Arbitrators, highlights important limitations that empirical data may produce in international investment law research.a As such, it is a needed and important contribution to the understanding and development of this type of scholarship, and generally to the …
Who Decides Who Decides In International Investment Arbitration?, Chiara Giorgetti
Who Decides Who Decides In International Investment Arbitration?, Chiara Giorgetti
Law Faculty Publications
The past twenty years have witnessed a dramatic rise in international adjudication, and especially in international investment arbitration. As international investment arbitration has become more prominent and pervasive, one of its fundamental tenets has come under fire: the practice of having the parties themselves nominate one or more of the arbitrators. Critics contend that party-appointed arbitrators are inherently biased and thus propose eliminating party-appointments altogether. In this article, I argue that moving away from party-appointed arbitrators is unwarranted and unwise, and would too radically transform international investment arbitration. Instead, I propose a simpler solution: adopting stricter arbitrator challenge rules and …