The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?
Kluwer Arbitration
DECEMBER 28, 2023
Subsequently, the Consorzio v Algeria (2005) tribunal (Gaillard being a member) adopted Gaillard’s view on umbrella clause. This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. This argument was rejected in both cases.
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