How to Break the Arbitrator’s Trust Dilemma?
نویسندگان
چکیده
In solving the trust-shaping problem of investment dispute settlement mechanism, one must overcome arbitrator’s dilemma trust. For a long time, independence, representativeness and professionalism have suffered from being questioned, thus series international societies covering code conduct was gradually launched, conflict interest has ruled arbitrator, selection appointment mechanism. While systemic reform to promote judge’s jurisdiction in harmony with host country’s regulation rights relationship issues also appeared different path. At bilateral level between China EU, possibility exists for accept EU tribunal model, while at broader multilateral levels, should adopt balanced stance, that is, be wary risk over-politicization may arise transfer power appoint arbitrators. Aside that, prevent abuse regulatory process harmonizing adjudicative powers consider adopting mandatory roster system arbitrators led by an independent third-party body members appellate body.
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ژورنال
عنوان ژورنال: International journal of academic research in business & social sciences
سال: 2023
ISSN: ['2308-3816', '2222-6990']
DOI: https://doi.org/10.6007/ijarbss/v13-i5/16998