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- Title
The US-EU Transatlantic Trade and Investment Partnership: Should It Leave a Door Open for Non-Legal Arbitrators?
- Authors
Fach Gómez, Katia
- Abstract
This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of this external competence. After analyzing various sectors in which non-legal experts provide internal competence (international inspection boards, specialized national courts, commercial arbitration tribunals, and inter-state arbitration tribunals), the article concludes that incorporating arbitrators with scientific-technical competence into international investment tribunals on an ad casum basis may not be such a far-fetched idea. Finally, various de lege ferenda proposals that would achieve the common goal of not barring non-legal 'judges' from the future US-EU investment court are put forward.
- Subjects
ARBITRATION &; award; INTERNATIONAL commercial arbitration; INVESTMENTS -- International cooperation; INTERNATIONAL courts; CONFLICT management
- Publication
Conflict Resolution Quarterly, 2016, Vol 34, Issue 2, p189
- ISSN
1536-5581
- Publication type
Article
- DOI
10.1002/crq.21172