Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law

Document Type

Book Chapter

Publication Date


Source Publication

International Investment Law and Comparative Public Law. Oxford, UK: Oxford University Press, 2010.


arbitration; fairness; investment; process; rule of law


Investment treaty arbitration is often promoted as a fair, rules-based system that advances the rule of law. The system falls short of this expectation, however, due to its unique combination of arbitration and public law, its asymmetrical claims structure, its reliance on executive officials to make case-by-case appointments, and its attenuation of judicial oversight. The focus of concern is not actual bias on the part of individual arbitrators but, more appropriately, institutional and procedural aspects of the adjudicative process that raise suspicions of bias.


This material was originally published in International Investment Law and Comparative Public Law edited by Stephan W. Schill, and has been reproduced by permission of Oxford University Press. For permission to reuse this material, please visit http://global.oup.com/academic/rights.

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