Lehmann , University of St. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration. The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy β based on the responses of nine international arbitral institutions to a survey on this topic.
Articles focussing on precision address burdens, standards and procedures in respect of proof; interim measures and document production; witnesses and experts; and standards governing investor misconduct in investment arbitration. The volume opens with a spirited Keynote Address in defence of bilateral investment treaties and also reports the results of a theme-related empirical survey of Congress Participants on demographics, precision and justice in international arbitration, carried out during the Opening Plenary Session of the Congress.
Historically there has been little empirical information that analyzes international arbitration, particularly the background, perceptions and experiences of counsel and arbitrators. We used the data to explore basic information about counsel and arbitrators in international arbitration and survey their perspectives on the matters concerning the Congress themes of legitimacy, precision and justice in international arbitration.
This Chapter examines the survey responses of attendees, including participants who served as counsel and who served as arbitrators. The dataset also included 67 participants who served as investment treaty arbitrators, which make the results of interest to commercial arbitration and investor-state dispute settlement ISDS.
The first part of the Chapter explores demographic information. It identified some progress beyond historical Cold War divides, and arbitrators and counsel reflected a broad spectrum of nationalities, continents, languages and legal training.
