Legitimacy: Myths, Realities, Challenges

ICCA Congress Series no. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration. The volume focuses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy - based on the responses of nine international arbitration institutions to a survey on this topic. Articles focusing on precision address burdens, standards and procedures in respect of proof; interim measures and document production; witnesses and experts; and standards governing investor misconduct in investment arbitration. The volume opens with a spirited Keynote Address in defense of bilateral investment treaties and also reports the results of a theme-related empirical survey of Congress Participants on demographics, precision and justice in international arbitration carried out during the Opening Plenary Session of the Congress.