Empirical Perspectives on Investment Arbitration: What Do We Know? Does It Matter?

Behn, Daniel; Langford, Malcolm; Létourneau-Tremblay, Laura

doi:10.1163/22119000-12340172

Cited by 13 publications

(6 citation statements)

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“…International arbitration differs from local court proceedings Behn et al (2020). Its adaptability, the ability for disputing parties to choose arbitrators with specialised knowledge, and the global recognition and enforcement of arbitral rulings, as emphasised by international agreements like the New York Convention, set it apart.…”

Section: Literature Review 151 the Landscape Of Investment Dispute Re...mentioning

confidence: 99%

Arbitration and Court-Like Mechanisms in Investment Law: A Paradigm Shift in Resolving Investors’ Disputes

Dirani,

Hassoun

2024

Int. J. Eng. Tech. Mgmt. Res.

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This paper examines the movement in paradigm towards arbitration as a means of settling conflicts between investors in the field of investment law. The research evaluates the efficacy, equity, and influence of arbitration on state sovereignty and investor rights by examining the feedback of 300 professionals engaged in investment arbitration, such as lawyers, arbitrators, and legal academics. The quantitative analysis provides an impartial assessment of the success of arbitration in comparison to traditional litigation, emphasising its perceived efficiency and flexibility. Nevertheless, apprehensions regarding its influence on state sovereignty and divergent perspectives on equity and safeguarding of investors are apparent. The report also analyses the impact of worldwide economic and legal patterns on arbitration processes and predicts forthcoming modifications prompted by inclusion, technology, and legislation. Arbitration encounters difficulties in upholding impartiality, transparency, and accountability, notwithstanding its advantageous aspects. The results indicate the necessity for continuous adjustment and flexibility to address changing global circumstances and legal norms. This study enhances comprehension of international investment law by providing valuable perspectives on the present condition and future direction of arbitration as a means of resolving disputes.

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Section: Literature Review 151 the Landscape Of Investment Dispute Re...mentioning

confidence: 99%

Arbitration and Court-Like Mechanisms in Investment Law: A Paradigm Shift in Resolving Investors’ Disputes

Dirani,

Hassoun

2024

Int. J. Eng. Tech. Mgmt. Res.

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“…Much concern has been raised, especially by States, as to hurdles they have encountered in the recoverability of costs (Behn et al , 2020, pp. 188–250).…”

Section: Provisions On Prevention Of Frivolous Claims In the European...mentioning

confidence: 99%

“…Among them, Vietnam only could get partial recovery in one case [44]. A large number of States have also raised the same concerns to hurdles they encountered in the recoverability of costs awards (Behn et al , 2020, pp. 188–250).…”

Section: Provisions On Prevention Of Frivolous Claims In the European...mentioning

confidence: 99%

Provisions on frivolous claims in the European Union – Vietnam investment protection agreement – would they be benefits to Vietnam?

Nguyen

2022

JITLP

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Purpose This paper aims to examine two issues: whether provisions on frivolous claims in the European Union (EU)–Vietnam Investment Protection Agreement (EVIPA) would be Vietnam’s intrinsic demand, and to what extent, Vietnam may enjoy the benefits from these provisions. Design/methodology/approach This paper combines both doctrinal legal analysis and policy research. It offers an in-depth case study of the provisions on frivolous claims in the EVIPA, compares them with those of other existing international investment agreements and arbitrations rules, examines how similar provisions in these instruments are interpreted in available practical international investment disputes, uncovers the Vietnam’s position through interviewing Vietnamese senior experts, who were members of the Vietnamese delegation negotiating the EVIPA, and through available collected data and then evaluates whether these provisions may be favourable to this country. Findings While the new investor-state dispute settlement (ISDS) mechanism in the EVIPA can be viewed as explicit evidence of the EU’s achievement, it may also be Vietnam’s benefits to entertain new ISDS provisions on frivolous claims. They were drafted, based on the ISDS arbitration practice, states’ experience and actual situations in Vietnam. These novel provisions, among other things, serve as Vietnam’s prerequisites to consider whether to accept the new two-tier standing mechanism or not. The inclusion of such ISDS provisions in the EVIPA, therefore, is supposed to meet the Vietnam’s intrinsic demands for defending against unfounded frivolous cases. Originality/value This is the first time the EU concluded an investment treaty containing innovative ISDS provisions with a developing country. This paper therefore may help envisage Vietnam’s perspective during its negotiation of provisions on frivolous claims in the EVIPA and prove that the avails of these provisions to a frequent respondent State like Vietnam can be realised. The paper’s findings mean for research in investment law as well as for policymakers as far as the frivolous cases are concerned.

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“…Despite the predominantly positive trends, the diverse appointments have been growing at a sluggish rate and are driven disproportionately by arbitral institutions (Behn et al, 2020). Representatives of various arbitral institutions confirmed that the diversity of the tribunals is high on their respective agendas (QMUL-White and Case, 2021).…”

Section: Gender Diversitymentioning

confidence: 99%

Innovative solutions for an age-old issue: How transparency and data analytic tools can improve diversity in international arbitration

Brodlija

2021

Journal of Strategic Contracting and Negotiation

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International arbitration is an inherently diverse field. The disputing parties and their counsel come from all over the world, but the arbitrators selected by these same parties and their counsel rarely reflect their diverse backgrounds. Although the arbitration community largely supports diversity initiatives and the goal of making arbitral tribunals more reflective of the parties and the global community, the available studies that parties and their counsel continue to appoint a small number of repeat players to the tribunals. This paper traces the diversity deficiency to its roots in the lack of available information about diverse arbitrators and the cognitive biases that perpetuate the vicious cycle of repeat appointments. The paper then turns to potential solutions in the form of data analytic tools, that would collect, analyze and provide information on the case management and decision making of arbitrators.

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Empirical Perspectives on Investment Arbitration: What Do We Know? Does It Matter?

Cited by 13 publications

References 0 publications

Arbitration and Court-Like Mechanisms in Investment Law: A Paradigm Shift in Resolving Investors’ Disputes

Arbitration and Court-Like Mechanisms in Investment Law: A Paradigm Shift in Resolving Investors’ Disputes

Provisions on frivolous claims in the European Union – Vietnam investment protection agreement – would they be benefits to Vietnam?

Innovative solutions for an age-old issue: How transparency and data analytic tools can improve diversity in international arbitration

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