The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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The West and the Rest : Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration. / Langford, Malcolm; Behn, Daniel; Usynin, Maxim.
The Legitimacy of Investment Arbitration: Empirical Perspectives. ed. / Daniel Behn; Ole Kristian Fauchald; Malcolm Langford. Cambridge University Press, 2022. p. 283-314.Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - The West and the Rest
T2 - Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration
AU - Langford, Malcolm
AU - Behn, Daniel
AU - Usynin, Maxim
PY - 2022
Y1 - 2022
N2 - The lack of geographic diversity among arbitrators is a common critique of investor–state dispute settlement. This has emerged as a major legitimacy problem as 80% of ISDS cases are against non-Western respondent states. In this chapter, the authors map the existing level of diversity with new methods (tracking both nationality and residence) and examine whether greater diversity would make a difference in outcomes. The descriptive statistics reveal that only a third of arbitral appointments have gone to non-Western individuals, and that this falls to 25% when residence is taken into account. However, the issue becomes more complicated when examining the effect on outcomes. The regression analysis indicates that the absence of geographic representativeness can favour Western home and host states, especially when the Chair is from the West. However, possibly due to a high degree of institutionalization and socialization of arbitrators in the system, it does not appear at present that arbitrator nationality has a significant effect on outcomes.
AB - The lack of geographic diversity among arbitrators is a common critique of investor–state dispute settlement. This has emerged as a major legitimacy problem as 80% of ISDS cases are against non-Western respondent states. In this chapter, the authors map the existing level of diversity with new methods (tracking both nationality and residence) and examine whether greater diversity would make a difference in outcomes. The descriptive statistics reveal that only a third of arbitral appointments have gone to non-Western individuals, and that this falls to 25% when residence is taken into account. However, the issue becomes more complicated when examining the effect on outcomes. The regression analysis indicates that the absence of geographic representativeness can favour Western home and host states, especially when the Chair is from the West. However, possibly due to a high degree of institutionalization and socialization of arbitrators in the system, it does not appear at present that arbitrator nationality has a significant effect on outcomes.
KW - Faculty of Law
KW - investment
KW - arbitration
KW - empirical
KW - methodology
KW - ISDS
KW - legitimacy
KW - nationality
KW - dominant
KW - residence
KW - non-Western
KW - arbitrators
KW - diversity
U2 - 10.1017/9781108946636.013
DO - 10.1017/9781108946636.013
M3 - Book chapter
SP - 283
EP - 314
BT - The Legitimacy of Investment Arbitration
A2 - Behn, Daniel
A2 - Fauchald, Ole Kristian
A2 - Langford, Malcolm
PB - Cambridge University Press
ER -
ID: 233845798