The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?
Kluwer Arbitration
DECEMBER 28, 2023
He identically argued as a counsel for the same claimant in SGS v Pakistan ( SGS I ) (2003) and SGS v Philippines ( SGS II ) (2004) that the effect of umbrella clause was to convert a contractual claim into a treaty claim. This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases.
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