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Open Access. Powered by Scholars. Published by Universities.®

2011

Dispute Resolution and Arbitration

ICSID

Washington and Lee University School of Law

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Full-Text Articles in Law

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck Jul 2011

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck

Scholarly Articles

The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …