Arbitral tribunals are increasingly required to consider the relevance and applicability of international human rights norms to investment protection and arbitration. While opinions are divided on this issue, there is an inescapably “complex relationship” between investment protection and human rights. This post considers the potential significance of human rights impact assessments (HRIAs) in investor-state arbitration. … Continue reading Closing the gap between human rights and investment protection: what role for human rights impact assessments?
Summary Arbitration practitioners tend to think that tolerance of late and untimely submissions is a slightly embarrassing quirk of arbitral procedure. There is an assumption that their colleagues who also practice before domestic courts do not flout procedural timetables so readily (for example, by making last minute submissions after the close of a hearing). The … Continue reading Dealing with late submissions in arbitration: what lessons from the English courts?