The Potential Impacts of Psychology in the Resolution of Foreign Direct Investment Disputes by International Investment Arbitration

Earle, R. 2017. The Potential Impacts of Psychology in the Resolution of Foreign Direct Investment Disputes by International Investment Arbitration. in: Cole, T. (ed.) The Roles of Psychology in International Arbitration The Netherlands Wolters Kluwer. pp. 143-171

Chapter titleThe Potential Impacts of Psychology in the Resolution of Foreign Direct Investment Disputes by International Investment Arbitration
AuthorsEarle, R.
EditorsCole, T.
Abstract

The ICSID Award in the case of Occidental v Ecuador in its international, municipal, cultural, philosophical, and psychological contexts. The sensitivity of host States and their citizens in foreign direct investment, expropriation, and dispute resolution cases. The roles of proportionality, contributory error, and discretion in investor-State arbitration. A critique of the process for appointing ICSID arbitrators in light of potential psychological issues relating to hidden biases and cultural intelligence. The transmission to Home State investors of Home State’s rights against the Host State and some conflict of laws issues in hybrid investor-State arbitration. The Calvo Doctrine and the sensitivity of Latin American States in regard to investor-State arbitration proceedings and decisions on the merits. Denunciation of ICSID by some Latin American States, their move to UNASUR instead, and a discussion of whether such move allows host States to avoid international law and the professional duties of investor-State arbitrators. The potential role of psychologists in investor-State arbitration at the institutional and professional levels.

KeywordsForeign direct investment; expropriation; Latin America; ICSID arbitration; Occidental v Ecuador; appointment of arbitrators; international law; Host States and Home States; the Calvo Doctrine; psychology; hidden biases; cultural intelligence; UNASUR arbitration; psychologists.
Book titleThe Roles of Psychology in International Arbitration
Page range143-171
Year2017
PublisherWolters Kluwer
Publication dates
Published15 Mar 2017
Place of publicationThe Netherlands
ISBN9789041159212

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