The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration

Publikation: Bidrag til bog/antologi/rapportBidrag til bog/antologiForskningfagfællebedømt

Standard

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. red. / Daniel Behn; Ole Kristian Fauchald; Malcolm Langford. Cambridge University Press, 2022. s. 283-314.

Publikation: Bidrag til bog/antologi/rapportBidrag til bog/antologiForskningfagfællebedømt

Harvard

Langford, M, Behn, D & Usynin, M 2022, The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration. i D Behn, OK Fauchald & M Langford (red), The Legitimacy of Investment Arbitration: Empirical Perspectives. Cambridge University Press, s. 283-314. https://doi.org/10.1017/9781108946636.013

APA

Langford, M., Behn, D., & Usynin, M. (2022). The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration. I D. Behn, O. K. Fauchald, & M. Langford (red.), The Legitimacy of Investment Arbitration: Empirical Perspectives (s. 283-314). Cambridge University Press. https://doi.org/10.1017/9781108946636.013

Vancouver

Langford M, Behn D, Usynin M. The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration. I Behn D, Fauchald OK, Langford M, red., The Legitimacy of Investment Arbitration: Empirical Perspectives. Cambridge University Press. 2022. s. 283-314 https://doi.org/10.1017/9781108946636.013

Author

Langford, Malcolm ; Behn, Daniel ; Usynin, Maxim. / The West and the Rest : Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration. The Legitimacy of Investment Arbitration: Empirical Perspectives. red. / Daniel Behn ; Ole Kristian Fauchald ; Malcolm Langford. Cambridge University Press, 2022. s. 283-314

Bibtex

@inbook{c343b057cf2c43d8b87da8e035afdf4b,
title = "The West and the Rest: Geographic Diversity and the Role of Arbitrator Nationality in Investment Arbitration",
abstract = "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.",
keywords = "Faculty of Law, investment, arbitration, empirical, methodology, ISDS, legitimacy, nationality, dominant, residence, non-Western, arbitrators, diversity",
author = "Malcolm Langford and Daniel Behn and Maxim Usynin",
year = "2022",
doi = "10.1017/9781108946636.013",
language = "English",
pages = "283--314",
editor = "Daniel Behn and Fauchald, {Ole Kristian} and Malcolm Langford",
booktitle = "The Legitimacy of Investment Arbitration",
publisher = "Cambridge University Press",
address = "United Kingdom",

}

RIS

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