From the Commercial Arbitration Paradigm to the Public Law Paradigm: The Story behind Transparency and Amici Curiae Participation in Investment Treaty Arbitration

Protopsaltis, Panayotis (2017) From the Commercial Arbitration Paradigm to the Public Law Paradigm: The Story behind Transparency and Amici Curiae Participation in Investment Treaty Arbitration. In: Transparency v Confidentiality. Elgar. (In Press)

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Abstract

The unanticipated sovereign costs of the spectacular increase of arbitral awards restricting States’ sovereignty along with the creation of a de facto rule of precedent by arbitral tribunals that are now performing a law-making function traditionally reserved to States as well as the absence of strong accountability mechanisms of arbitral tribunals led States to abandon the traditional commercial law paradigm for the new public law paradigm in investment treaty arbitration. States established a checks and balances mechanism in order to influence the decision-making process of arbitral tribunals through public scrutiny and non-disputing stakeholders’ participation so as to restrict the ever-increasing power of arbitral tribunals and reinforce their own role in investment treaty arbitration.

Item Type: Book Section
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Divisions: Faculty of Business, Law and Social Sciences > School of Law
Depositing User: Panayotis Protopsaltis
Date Deposited: 11 Apr 2018 13:26
Last Modified: 11 Apr 2018 13:26
URI: http://www.open-access.bcu.ac.uk/id/eprint/5786

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