Thesis
A collaborative framework to regulate arbitrator practice in investor-state arbitration : the case of oil and gas disputes
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2024
- Thesis identifier
- T17084
- Person Identifier (Local)
- 201755646
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- Investor-state arbitration comes under increasing criticism regarding arbitrators’ integrity, suggesting that arbitrators favour investors in their decisions in oil and gas disputes. This constitutes a great challenge for the legitimacy of the investor-state arbitration. Accordingly, some oil and gas countries have withdrawn from the system and (ICSID) membership. In view of that issue, this thesis represented a comprehensive analysis of the disqualifications to the independence and impartiality of arbitrators in oil and gas investment disputes. This analysis asserted that from the total of (34) arbitrators’ disqualifications in oil and gas disputes there were (25) disqualifications submitted by respondents’ states. The disqualifications were based on repeated appointments, arbitrator professional relationships and deciding similar legal issues in prior cases in oil and gas disputes. This indicated that there was a small elite number of arbitrators were selected often. Also, the thesis analysed the regulatory framework that governs such disqualifications and confirmed that there were inequities in the disqualification standards of arbitration rules applied to determine the disqualification of arbitrators. Indeed, successful arbitrators’ disqualifications were higher under the (UNCITRAL) rules than under the (ICSID) rules. From the total (34) disqualifications requests in oil and gas disputes only (4) successful disqualifications requests were under the (ICSID) cases and (19) disqualifications were rejected. These findings support the aim of research for developing a collaborative framework to regulate arbitrator practice in investor-state arbitration that will be used as a guide to identify more professional arbitrators for oil and gas disputes in investor-state arbitration. Thus, the primary objective of this thesis was to propose the creation of an independent third-party certifier body based on transitional private regulation (TPR). Establishing a certification scheme for arbitrators could combat the concerns of states and investors about arbitrators’ integrity and strengthen the regulatory legal framework, improve arbitrators’ selection and appointment, and enlarge the arbitrators’ pool in oil and gas disputes. The thesis proposal aligned with the recent movement of (ICSID) and (UNCITRAL) toward professional regulation by introducing a collaborative code of conduct for arbitrators in investment arbitration. Finally, this thesis hoped to influence these efforts and encourage states and the investor-state arbitration community to take steps to create professional certifications to maintain the legitimacy of the regime and resort confidence in the system and continue to promote the growth of the global economy.
- Advisor / supervisor
- Agapiou, Andrew
- Resource Type
- DOI
- Date Created
- 2023
Relações
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PDF of thesis T17084 | 2024-09-18 | Público | Baixar |