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- Title
INVESTOR-STATE ARBITRATORS' DUTIES TO NON-PARTIES.
- Authors
BECHKY, PERRY S.
- Abstract
The notion that arbitrators owe duties to the parties in investor-state disputes is familiar. This article explores less-trodden terrain. It argues that, notwithstanding the party-centric norms of arbitration, investment arbitrators also owe duties to non-parties. It begins by establishing a beachhead - a clear example of a duty to a non-party, as a proof of concept - before moving into rougher territory. The article catalogs and surveys various duties owed to non-parties, discussing the nature of these duties and how they are enforced. Finally, the article shows that recognizing duties to non-parties both informs a proper understanding of the investment arbitration system and may help improve that system.
- Subjects
INVESTOR-state arbitration; INTERNATIONAL arbitration; NONPARTIES (Law)
- Publication
Duke Journal of Comparative & International Law, 2021, Vol 31, Issue 2, p221
- ISSN
1053-6736
- Publication type
Article