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Record W2810574642 · doi:10.1163/15718034-12341371

Party-Appointed Arbitrators No More

2018· article· en· W2810574642 on OpenAlexaff
Elsa Sardinha

Bibliographic record

VenueThe Law and Practice of International Courts and Tribunals · 2018
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsMcGill University
Fundersnot available
KeywordsTribunalAdjudicationAppealLegitimacyTreatyDutyLawArbitrationPolitical science

Abstract

fetched live from OpenAlex

Abstract CETA , the EU-Vietnam FTA , and the EU-Singapore FTA are the first investment treaties to replace the practice of ad hoc tribunals and party-appointed arbitrators with a two-tiered investment tribunal system ( ITS ), consisting of a standing tribunal of first-instance and an appeal tribunal, comprised of a roster of members who are pre-selected by the treaty parties. Underlying this retreat to domestic court structures is the perception of partiality sometimes associated with party-appointed arbitrators. The article explores this risk of bias rationale and identifies potential drawbacks associated with the shift away from disputing party involvement in the selection of the tribunal, towards a more institutionalized form of adjudication. The array of foreseeable challenges with regard to the identity, tenure, and qualifications of arbitral members, particularly when combined with the duty to remain available and prohibition on “double-hatting”, cast doubt on the efficacy of these reforms in resolving the legitimacy concerns that spawned its creation. A better solution might be to expand the role of arbitral institutions in mediating the link between the parties and their chosen arbitrator.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.968
Threshold uncertainty score0.689

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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.

Opus teacher head0.020
GPT teacher head0.281
Teacher spread0.261 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations3
Published2018
Admission routes1
Has abstractyes

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