The Reasons Requirement in International Investment Arbitration: Critical Case Studies (book review)

TY - JOUR

T1 - The Reasons Requirement in International Investment Arbitration: Critical Case Studies (book review)

AU - Tang, Yi Shin

PY - 2008

Y1 - 2008

N2 - 3. In the article, the Researcher reviews the work of Professors Guillermo A. Alvarez and W. Michael Reisman from Yale Law School, regarding the mechanisms of international investment arbitration and their importance for developing countries. The article provides a critical perspective on the authors’ argument that arbitrators in investment disputes do not follow any standards of reasoning in their decisions. It particularly points out how the authors seem to overlook the inherently sui generis nature of investment arbitration mechanisms, given that private investors and sovereign states are never deemed as equal parties in either legal form or substance, which significantly hampers attempts to impose rigorous adversarial principles in these procedures.

AB - 3. In the article, the Researcher reviews the work of Professors Guillermo A. Alvarez and W. Michael Reisman from Yale Law School, regarding the mechanisms of international investment arbitration and their importance for developing countries. The article provides a critical perspective on the authors’ argument that arbitrators in investment disputes do not follow any standards of reasoning in their decisions. It particularly points out how the authors seem to overlook the inherently sui generis nature of investment arbitration mechanisms, given that private investors and sovereign states are never deemed as equal parties in either legal form or substance, which significantly hampers attempts to impose rigorous adversarial principles in these procedures.

M3 - Journal article

SN - 1793-0448

VL - 13

SP - 367

JO - Singapore Year Book of International Law

JF - Singapore Year Book of International Law

ER -