Abuse of Rights, Abusive Claims, Investment Arbitration, Investment Disputes, Investment Treaties, ISDS

, (Carleton University, Department of Law and Legal Studies)/ /Leave a comment

Investment tribunals are well-known to examine the abuse of rights doctrine in various contexts, including illegitimate corporate restructuring (Phillip Morris v Australia, para. 588; Lao Holdings v Laos I, para. 70; Alverley v Romania, para. 380), bad faith conduct (Phoenix v Czech Republic, paras.143-44; WCV World Capital Ventures Cyprus Ltd v Czech Republic, paras. 477-478),…

Arbitrators, Diversity, ICSID, ICSID Arbitration, ICSID Convention

(Queen's University Faculty of Law) and (Carleton University, Department of Law and Legal Studies)/ /3 Comments
Institute for Transnational Arbitration (ITA)

ISDS tribunals have an unfortunately accurate reputation for being “male, pale, and stale”. A welcome backlash to this state of affairs has arisen, but the discourse has focused almost entirely on one aspect of diversity: gender. For example, the Equal Representation in Arbitration Pledge has garnered over 2900 signatories, who have committed to appointing more…