Investment Tribunals and the Commercial Arbitration Model: Mixed Procedures and Creeping Institutionalization
Bibliographic record
Abstract
International investment protection instruments, the most ubiquitous of which is the bilateral investment treaty (BIT), systematically provide for the right of a foreign investor to claim directly against a host state for violations of treaty protections. Investors have been granted the right to bring claims to an arbitral tribunal constituted under one of various sets of international arbitration rules that are strongly inspired by commercial arbitration rules, such as the International Centre for the Settlement of Investment Disputes (ICSID) Rules and the ICSID Additional Facility Rules. Other sets of rules mentioned in investment protection instruments were designed for commercial arbitration and were simply enrolled, without much ado, in the resolution of investment disputes. Adressing institutionalization, precedent setting, transparency and legitimacy, this book chapter looks at some of the most difficult issues raised by the import of the commercial arbitration model into the realm of treaty-based investment disputes.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.015 | 0.024 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.005 | 0.033 |
| Scholarly communication | 0.021 | 0.019 |
| Open science | 0.004 | 0.007 |
| Research integrity | 0.007 | 0.012 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".