![arbitrator scott brazil inoted arbitration arbitrator scott brazil inoted arbitration](https://d33wubrfki0l68.cloudfront.net/c8de975ca1117977b75e903bd95e29de7ad87eae/bb6c0/static/oguz-9b383570edbaef5c0de6bbd31fb82b8c.png)
![arbitrator scott brazil inoted arbitration arbitrator scott brazil inoted arbitration](https://d33wubrfki0l68.cloudfront.net/d90697035f75d49d0f67a95cb3e82d02ccea4caa/9b759/static/felicio-357b0eab359019ecc8ef33f7f5d27ad8.png)
Pro-business, males and from the rich North So the arbitrators “play this role of holding the system together” 12. He argues that coherence among arbitrators in their view of how the system should work is essential for its survival. Guy Sebban, former Secretary General of the International Chamber of Commerce (ICC) 11Īn investment law academic, who prefers to remain anonymous, has questioned whether the investment arbitration system would even be viable if it was not maintained by a small community, bound by similar values, education and outlook. Everyone knows everyone in the arbitration world. Keeping the club small and cohesive means arbitrators have a tight grip on the investment arbitration system and can exert immense influence over it. Academics, journalists and insiders have described the circuit of investment arbitration as “small, secret, clubby” 8, “an inner circle” 9, “a closed homogenous group comprised of ‘grand old men’”. International arbitrators are the epitome of a close-knit community.
![arbitrator scott brazil inoted arbitration arbitrator scott brazil inoted arbitration](https://d33wubrfki0l68.cloudfront.net/bb9f9cceef8ad1a8c57de43e3a3fdaf4e859641e/0ed77/static/narozhny-779278398a0b7d6dd8fd93f410ab7579.png)
The arbitrators’ clubĪrbitrators may not be well known in the outside world, but members of the arbitration club certainly know each other. With these various roles, this small group of investment lawyers can influence the direction of the investment arbitration system in a way that they can continue benefiting from it.Ī close examination of the arbitration world soon reveals why arbitrators, far from being neutral, have become powerful players who have shaped the pro-corporate investment arbitration system that we see today. Arbitrators frequently combine their role with several other hats: working as practitioners, academics, policy advisers or as media commentators. In the same vein, if an arbitrator’s main source of income and career opportunities depends on the decision of companies to sue, we should wonder how impartial their decisions are.Īnd concerns not only arise from the financial benefits arbitrators gain. To put it simply, if a doctor is sponsored by a pharmaceutical company, we might question whether the medicine prescribed is the best for our health if a public servant receives money from a lobbyist, we might question whether the policies they promote are in the public interest. There are thousands of lawyers who want to become arbitrators, only very few who make it.
![arbitrator scott brazil inoted arbitration arbitrator scott brazil inoted arbitration](https://www.haynesboone.com/-/media/project/haynesboone/haynesboone/people/b/benfield-scott/benfield_scott_582x326.jpg)
Both parties can appoint anyone they consider suitable. Arbitrators do not need to be registered anywhere in order to qualify.Sometimes a previously agreed appointing power, such as the World Bank or International Chamber of Commerce, selects the arbitrators. One arbitrator is selected by each of the parties and a third, the president, is usually selected by the two party-appointed arbitrators. Most arbitration panels are composed of three people.They can come from law firms, academia or have held government positions.Investment-treaty arbitrators deal with disputes between companies and the state, based on international investment treaties. They differ from private commercial arbitrators, who deal with disputes between companies based on contracts.Investment-treaty arbitrators are lawyers.Box 7 Who are the investment arbitrators and how are they chosen?
#ARBITRATOR SCOTT BRAZIL INOTED ARBITRATION PLUS#
In another case, the Tribunal president billed for 719 hours at an hourly rate of US$660 plus VAT 7. The presiding arbitrator in the case between Chevron and Texaco v. How much an arbitrator earns per case will depend on the case’s length and complexity, but for a US$100 million dispute, arbitrators could earn on average up to US$350,000 5. Arbitrators are people to whom others entrust their wealth and welfare.Īrbitrators’ fees can range from US$375 to US$700 per hour depending on where the arbitration takes place 4. Unlike judges, there is no flat salary, no cap on financial remuneration. They earn handsome rewards for their services. Juan Fernández-Armesto, arbitrator from Spain 2. When I wake up at night and think about arbitration, it never ceases to amaze me that sovereign states have agreed to investment arbitration at all Three private individuals are entrusted with the power to review, without any restriction or appeal procedure, all actions of the government, all decisions of the courts, and all laws and regulations emanating from parliament.