A influência da diversidade dos membros de tribunais arbitrais de investimentos na legitimidade do Sistema de Resolução de Disputas entre Investidor e Estado-Receptor

Resumo

Since the introduction of arbitration as the main mechanism to settle investment disputes and since the constitution of the International Centre for Settlement of Investment Disputes, the number of cases involving investment arbitration has significantly increased. This growth has turned the spotlight on this alternative dispute resolution, also known as Investor-state dispute
 settlement, and has also caught attention to many cracks of the system, which lead to a series of criticism made by the international community and academy. Among those critics, this article focuses on the speculation about the existence of an invisible college of investment arbitrators, embodied by a select group of homogeneous decision-makers. According to this thesis, these individuals are often and repeatedly appointed as arbitrators in investment
 arbitration cases and, although the spread of investment arbitration around the globe and the increasing diversity of its users, these decision-makers share a very similar background – most of them could by described as old man from Western countries. Through the empirical analysis of investment arbitration cases published to date, we seek to confirm this hypothesis, also exploring the thesis hereby shared that the lack of diversity among these adjudicators
 negatively affects the perceived legitimacy of decisions rendered by them and also the legitimacy of the Investor-State Dispute Settlement. Besides, by exploring the reform
 proposals intended by the international community, we aim to analyze the extent to which such changes would effectively solve the problem of diversity or whether they would serve as a way to perpetuate the legacy of the college of arbitrators deciding investor-state disputes.

Ficha do documento

Tipo

Outro

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/31038

Temas

Administração Pública

Palavras-chave

Acordos bilaterais de investimentosCentro Internacional para a Resolução de Disputas Relativas a InvestimentosDiversidade de árbitros internacionaisArbitragem de investimentosDireitoArbitragem (Direito administrativo)Investimentos estrangeiros