After intriguing the arbitration community some years with his talk of the "two headed nightingale" (the twin critics of party-appointed arbitrators, Jan Paulsson and Albert Jan van den Berg), Charles Brower has now described the proposed European investment court that looks set to replace investor-state dispute settlement in similarly monstrous terms as a "15-headed hydra".
GAR reports on his criticism of the court, made in a lecture in New York recently, along with his view that powerful corporations will simply bypass it by entering contracts directly with EU member states' governments that provide for the possibility of arbitration.
In this magazine:
- The 15-headed hydra: Bower condemns investment court proposal
- Arbitration costs compared
- Cohen's challenge: Put women in charge by 2020
- Paris's English-speaking court meets with a mixed response
- GAR Live Abu Dhabi
- GAR Live Lookback Abu Dhabi
- The “activist” and “remotest” approaches to expert evidence
- Let counsel not experts set out the law, Donovan argues
- David Caron