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Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
Investor-State dispute settlement (ISDS) through arbitration remains in a state of legitimacy crisis and discussions on reform are ongoing. Much of the criticism is focussed on who is deciding investment dispute cases. Investment arbitrators have been called “private judges” who operate in secrecy, are biased in favour of big multinational companies and have no regard for conflicts of interest. The course of the negotiations on the Transatlantic Trade and Investment Partnership between the European Union (EU) and the United States, highlighted to what extent ISDS through arbitration is perceived as unfair and biased (at least in Europe). As a reaction …