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International investment arbitration remains one of the most
controversial areas of globalisation and international law. This
book provides a fresh contribution to the debate by adopting a
thoroughly empirical approach. Based on new datasets and a range of
quantitative, qualitative and computational methods, the
contributors interrogate claims and counter-claims about the
regime's legitimacy. The result is a nuanced picture about many of
the critiques lodged against the regime, whether they be bias in
arbitral decision-making, close relationships between law firms and
arbitrators, absence of arbitral diversity, and excessive
compensation. The book comes at a time when several national and
international initiatives are under way to reform international
investment arbitration. The authors discuss and analyse how the
regime can be reformed and ow a process of legitimation might
occur.
Recent trends suggest that international economic law may be
witnessing a renaissance of convergence - both parallel and
intersectional. The adjudicative process also reveals signs of
convergence. These diverse claims of convergence are of legal,
empirical and normative interest. Yet, convergence discourse also
warrants scepticism. This volume contributes to both the general
debate on the fragmentation of international law and the narrower
discourse concerning the interplay between international trade and
investment, focusing on dispute settlement. It moves beyond broad
observations or singular case studies to provide an informed and
wide-reaching assessment by investigating multiple standards,
processes, mechanisms and behaviours. Methodologically, a normative
stance is largely eschewed in favour of a range of 'doctrinal,'
quantitative and qualitative methods that are used to address the
research questions. Furthermore, in determining the extent of
convergence or divergence, it is important to recognize that there
is no bright line or clear yardstick for determining its nature or
degree.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
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