GAR Volume 14 - Issue 6
Brigitte Stern is thought to be one of the world’s most prolific arbitrators – with one source estimating she has been appointed some 130 times.
Now, the French arbitrator warns that the investor-state dispute settlement process that gave her those appointments is under threat – as the pendulum swings back from international dispute resolution to the state sovereignty that was diluted to create it in the first place.
In the 2019 Freshfields lecture, Stern said that much of the criticism levelled at the present system of investor-state arbitration could be traced back to “fake news” and misinformation – propagated by actors including the European Commission and certain NGOs.
The outlook for ISDS isn’t all doom and gloom in this edition. Tiago Duarte-Silva and Billy (Milinda) Muttiah of Charles River Associates have written a feature on the growth of the mobile telecommunications industry and the accompanying rise in the number of investor-state arbitrations relating to that sector.
Elsewhere, we have a report from the inaugural GAR Live: Women in Arbitration on the steps women can take to secure lead counsel and arbitrator roles, while Fietta associates Ashique Rahman and Miglena Angelova investigate corruption and standards of proof in investment treaty arbitration, asking whether tribunals have dispensed with “abstract” standards of proof when it comes to assessing corruption allegations.
Finally, from everyone at GAR, we wish you a happy, healthy and prosperous 2020.
In this magazine:
GAR Live: Atlanta
GAR Live: Paris
GAR Live: Dubai
The pendulum has swung back
Mobile telecoms arbitrations
How can women secure leading roles?
Corruption and standards of proof in investment treaty arbitration