
Contents
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1 Introduction 1 Introduction
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2 The International Investment Arbitration Regime 2 The International Investment Arbitration Regime
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3 Mapping the Actors 3 Mapping the Actors
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3.1 Arbitrators 3.1 Arbitrators
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3.2 Legal counsel 3.2 Legal counsel
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3.2.1 ICSID annulments counted additionally 3.2.1 ICSID annulments counted additionally
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3.3 Expert witnesses 3.3 Expert witnesses
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3.4 Tribunal secretaries 3.4 Tribunal secretaries
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4 Who are the Power Brokers? 4 Who are the Power Brokers?
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5 Double Hatting 5 Double Hatting
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6 Conclusions 6 Conclusions
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7 The Revolving Door in International Investment Arbitration
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Published:March 2018
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Abstract
It is often claimed that international investment arbitration is marked by a revolving door: individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert witness or tribunal secretary. If this claim is correct it has implications for which individuals possess power and influence within this community; and ethical debates over conflicts of interests and transparency concerning ‘double hatting’—when individuals simultaneously perform different roles. In this chapter we offer a comprehensive empirical analysis of the individuals that make up the entire investment arbitration community; and provide the first use of social network analysis to describe the full community and address key sociological and normative questions in the literature. Our results partly contradict recent empirical scholarship as we identify a different configuration of central ‘power brokers’. Moreover the normative concerns with double hatting are partly substantiated. A select but significant group of individuals score highly on our double hatting index.
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