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The Impact of Repeatedly Appointed Arbitrators In The Development Of Investment Law: A De Facto Bench? An Empirical Perspective

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posted on 2024-07-16, 11:51 authored by Valentina Dimitriou

This PhD investigates the impact of repeatedly appointed arbitrators in the development of international investment law through investor-State arbitration amidst the recent backlash against the latter as a dispute resolution mechanism. It does so by looking into the current appointment mechanisms and criteria by which individuals find themselves on tribunals panels and the explores unintended phenomenon of repeatedly appointed arbitrators. To examine the impact of repeatedly appointed arbitrators in the evolution of international investment law, the thesis employs an empirical perspective and conducts a case-study in concluded cases where there is a claims for a breach of the Fair and equitable Treatment standard. It conducts a citation network analysis to identify the most-cited arbitrators, their citation practices with regards to their own cases and the citation practices of the overall arbitral community of repeatedly appointed arbitrators jurisprudence in the legitimate expectations doctrine. It thus tests the commonly held hypothesis that the most-cited arbitrators must also be the most influential ones and investigate whether they form a de facto adjudicatory bench through the development of a jurisprudence constante. This PhD finds that, to date, the most appointed arbitrators indeed dominate FET jurisprudence and are widely cited by the arbitral community, however the individual practice of the most appointed arbitrators vary.

History

Supervisor(s)

Tony Cole; Rossana Deplano

Date of award

2024-06-27

Author affiliation

Leicester Law School

Awarding institution

University of Leicester

Qualification level

  • Doctoral

Qualification name

  • PhD

Language

en

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