Contribution to collective works (Parts of books)
Screening Powers in Investment Arbitration: Questions of Legal Change and Legitimacy
Radović, Relja
2019In Baetens, Freya (Ed.) The Legitimacy of Unseen Actors in International Adjudication
Peer reviewed
 

Files


Full Text
Screening powers in investment arbitration_revised.pdf
Author preprint (304.88 kB)
Request a copy

All documents in ORBilu are protected by a user license.

Send to



Details



Abstract :
[en] Screening powers of arbitral institutions over requests initiating investment arbitrations are often justified by the need to prevent embarrassment of states and to avoid unnecessary costs. This Chapter examines possible effects of such powers, particularly on the arbitral development of the jurisdictional standards governing investment arbitration. Can administrative organs filter the demands for legal change that will be heard before tribunals, and if so, does this diminish the legitimacy of their screening powers? It is argued that screening powers offer possibilities of setting arbitrators’ agenda in terms of which demands for legal change will be considered. This could affect their legitimacy, but it does not mean that screening powers have completely lost their justification. It is suggested that such powers must be exercised with an extreme level of diligence, requiring an almost complete elimination of legal considerations, in order to safeguard their legitimacy.
Disciplines :
European & international law
Author, co-author :
Radović, Relja ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
no
Language :
English
Title :
Screening Powers in Investment Arbitration: Questions of Legal Change and Legitimacy
Publication date :
2019
Main work title :
The Legitimacy of Unseen Actors in International Adjudication
Editor :
Baetens, Freya
Publisher :
Cambridge University Press
Pages :
452-474
Peer reviewed :
Peer reviewed
Focus Area :
Law / European Law
FnR Project :
FNR9128105 - Demystifying Consent: Examining The Role Of State Consent To Arbitration In The Light Of New Developments In International Investment Arbitration, 2014 (01/06/2015-31/05/2019) - Relja Radovic
Available on ORBilu :
since 28 March 2019

Statistics


Number of views
98 (3 by Unilu)
Number of downloads
1 (1 by Unilu)

Scopus citations®
 
0
Scopus citations®
without self-citations
0
OpenCitations
 
0

Bibliography


Similar publications



Contact ORBilu