Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- 6 Human Rights in International Commercial and Investment Arbitration
- 7 Democracy and International Investment Law
- 8 Investment Arbitration and the Rule of Law
- 9 Arbitration and the Development of Law
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
8 - Investment Arbitration and the Rule of Law
from Part II - Public Law Questions Relating to Arbitration
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- 6 Human Rights in International Commercial and Investment Arbitration
- 7 Democracy and International Investment Law
- 8 Investment Arbitration and the Rule of Law
- 9 Arbitration and the Development of Law
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
The rule of law is a contested and multidimensional concept. In this chapter, the aspects highlighted in the UN Secretary General’s 2004 Report are used as a point of departure, focusing on equal enforcement and independent adjudication of legal rules and principles as well as fairness in the application of the law, legal certainty, the avoidance of arbitrariness and procedural and legal transparency. From such rule of law-perspective, investor-state arbitration will be scrutinized, in particular, in regard to independence and impartiality of arbitrators, what is required for parties to have a ‘fair trial’ before an investment tribunal (procedural fairness, the right to be heard, equality of arms), access to justice given the financial implications for both host states and investors, as well as the adequacy of the ‘control’ system, be it ICSID annulment or set-aside procedures before domestic courts, to guarantee predictable, consistent and legitimate outcomes.
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2023