{"title":"Inter-State Arbitration","authors":"V. Veeder","doi":"10.1093/law/9780198796190.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780198796190.003.0008","url":null,"abstract":"This chapter explores inter-state arbitration, which is largely\u0000 influenced by two different traditions, drawn from diplomacy and\u0000 commerce under public and private international law respectively. The\u0000 recent history of state–state and also, in part, of investor–state\u0000 arbitration is the history of the Permanent Court of Arbitration (PCA).\u0000 As intended by the two Hague Conferences more than a century ago,\u0000 arbitrations under treaties are still marked by the necessity for the\u0000 parties’ consent, including a state’s limitation as to\u0000 the categories of dispute referable to arbitration; a neutral appointing\u0000 or administering authority; a settled procedure subject to party\u0000 autonomy; the parties’ involvement in the appointment of the\u0000 tribunal; and the absence of any appeal from an award for an error of\u0000 law or fact. For inter-state arbitration and (notwithstanding the ICSID\u0000 and New York Conventions) investor–state arbitration also, the\u0000 recognition of the award by the losing party is usually made\u0000 voluntarily. It is the parties’ arbitration, the award is the\u0000 product of their consent and, accordingly, the award has a moral binding\u0000 force for the parties often absent from non-consensual mechanisms.","PeriodicalId":448349,"journal":{"name":"The Oxford Handbook of International Arbitration","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130256282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Ethos of Arbitration","authors":"T. Schultz","doi":"10.2139/SSRN.3405288","DOIUrl":"https://doi.org/10.2139/SSRN.3405288","url":null,"abstract":"This chapter describes the ethos of arbitration. It first distinguishes\u0000 between two well-known schools of thought regarding how legal\u0000 decision-makers make decisions, how judges and arbitrators decide cases.\u0000 It also looks at legal formalism and legal realism, at justification and\u0000 decision-making, and at rules and ethos. Ultimately, the chapter argues\u0000 that the ethos of arbitration plays a role in the decisions that\u0000 arbitration produces. However, this ethos is not necessarily one that is\u0000 suited for all the different types of parties and disputes that\u0000 arbitration has come to cover. It also may not be one that current\u0000 political societies will necessarily condone now that they are becoming\u0000 aware of it. Moreover, it probably is even damaging for the arbitration\u0000 industry in the longer run.","PeriodicalId":448349,"journal":{"name":"The Oxford Handbook of International Arbitration","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115184012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Investment Arbitration and Political Systems Theory","authors":"C. Dupont, T. Schultz, J. Yackee","doi":"10.2139/SSRN.3351343","DOIUrl":"https://doi.org/10.2139/SSRN.3351343","url":null,"abstract":"This chapter suggests a vision of investment treaty arbitration filtered\u0000 through the lens of political systems theory. Political systems theory\u0000 was developed in the 1950s and 1960s by David Easton, an eminent\u0000 political scientist. The core idea of Easton’s theory is that political\u0000 systems can be understood as consisting of inputs from various actors\u0000 that are aggregated and transformed into outputs, where outputs consist\u0000 of the authoritative allocation of values. As such, a political-systems\u0000 approach encourages people to move beyond overly reductionist visions of\u0000 international investment law as a quasi-inevitable product of\u0000 state–investor interactions, or as the quasi-autonomous and teleological\u0000 identification and imposition by tribunals of necessarily sensible or\u0000 correct rules of state behaviour. Indeed, the chapter argues that seeing\u0000 investment arbitration as political system allows people to bring out\u0000 elements of its workings with greater clarity. Altogether, this helps\u0000 people get a better sense of some of the key dynamics of investment\u0000 arbitration.","PeriodicalId":448349,"journal":{"name":"The Oxford Handbook of International Arbitration","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121700472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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