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Arbitration Costs Susan D. Franck (Professor of Law, Professor of Law, American University)

Arbitration Costs By Susan D. Franck (Professor of Law, Professor of Law, American University)

Arbitration Costs by Susan D. Franck (Professor of Law, Professor of Law, American University)


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Summary

This book uses extensive empirical analysis to explore the direct costs of investment treaty arbitration, seeks to identify elements most likely to drive costs, and proposes opportunities for process efficiency, cost containment, and equality of treatment to promote consistency, predictability, and rule-of-law.

Arbitration Costs Summary

Arbitration Costs: Myths and Realities in Investment Treaty Arbitration by Susan D. Franck (Professor of Law, Professor of Law, American University)

Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.

Arbitration Costs Reviews

Arbitration Costs collection of empirical data is truly impressive. Franck's research is extremely thorough, and her findings insightful for all ITA stakeholders and policymakers. Moreover, she presents the data in a straightforward and neutral manner [...] I also found her discussion of cognitive psychology useful for framing the reasons for her study, her findings and her conclusions. This will give all stakeholders and policymakers a better understanding of the data and how to engage in a more informed dialogue going forward, as well as a broader perspective on whether reforms to ITA are needed and, if so, what are the appropriate vehicles to do so. In short, Arbitration Costs provides unique insights into ITA that all participants will find invaluable. It is a distinctive and important contribution to the field. * John Y Gotanda, ICSID Review *

About Susan D. Franck (Professor of Law, Professor of Law, American University)

Susan D. Franck is Professor of Law at American University.

Additional information

NPB9780190054434
9780190054434
0190054433
Arbitration Costs: Myths and Realities in Investment Treaty Arbitration by Susan D. Franck (Professor of Law, Professor of Law, American University)
New
Hardback
Oxford University Press Inc
2019-05-09
416
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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Customer Reviews - Arbitration Costs