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How to break the arbitrator's trust dilemma?

In solving the trust-shaping problem of the investment dispute settlement mechanism, one must overcome the arbitrator’s dilemma of trust. For a long time, the arbitrator’s independence, representativeness and professionalism have suffered from being questioned, thus a series of international societi...

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Main Authors: Xi, Zhang, Ab Rahman, Rozanah, Ambaras Khan, Hanna
Format: Article
Published: Human Resource Management Academic Research Society 2023
Online Access:http://psasir.upm.edu.my/id/eprint/108208/
https://hrmars.com/index.php/IJARBSS/article/view/16998/How-to-Break-the-Arbitrators-Trust-Dilemma
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spelling my.upm.eprints.1082082024-09-23T01:53:20Z http://psasir.upm.edu.my/id/eprint/108208/ How to break the arbitrator's trust dilemma? Xi, Zhang Ab Rahman, Rozanah Ambaras Khan, Hanna In solving the trust-shaping problem of the investment dispute settlement mechanism, one must overcome the arbitrator’s dilemma of trust. For a long time, the arbitrator’s independence, representativeness and professionalism have suffered from being questioned, thus a series of international societies covering the code of conduct was gradually launched, and conflict of interest has ruled arbitrator, the selection and appointment mechanism. While the systemic reform to promote the judge’s jurisdiction in harmony with the host country’s regulation rights relationship issues have also appeared in a different reform path. At the bilateral level between China and the EU, the possibility exists for China to accept the EU investment tribunal model, while at the broader bilateral and multilateral levels, China should adopt a balanced stance, that is, to be wary of the risk of over-politicization that may arise from the transfer of the power to appoint arbitrators. Aside from that, China also has to prevent the abuse of regulatory power in the process of harmonizing adjudicative and regulatory powers and may consider adopting a mandatory roster system of arbitrators led by an independent third-party body and a system for the selection of members of the appellate body. Human Resource Management Academic Research Society 2023 Article PeerReviewed Xi, Zhang and Ab Rahman, Rozanah and Ambaras Khan, Hanna (2023) How to break the arbitrator's trust dilemma? International Journal of Academic Research in Business and Social Sciences, 13 (5). pp. 2225-2243. ISSN 2222-6990 https://hrmars.com/index.php/IJARBSS/article/view/16998/How-to-Break-the-Arbitrators-Trust-Dilemma 10.6007/ijarbss/v13-i5/16998
institution Universiti Putra Malaysia
building UPM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Putra Malaysia
content_source UPM Institutional Repository
url_provider http://psasir.upm.edu.my/
description In solving the trust-shaping problem of the investment dispute settlement mechanism, one must overcome the arbitrator’s dilemma of trust. For a long time, the arbitrator’s independence, representativeness and professionalism have suffered from being questioned, thus a series of international societies covering the code of conduct was gradually launched, and conflict of interest has ruled arbitrator, the selection and appointment mechanism. While the systemic reform to promote the judge’s jurisdiction in harmony with the host country’s regulation rights relationship issues have also appeared in a different reform path. At the bilateral level between China and the EU, the possibility exists for China to accept the EU investment tribunal model, while at the broader bilateral and multilateral levels, China should adopt a balanced stance, that is, to be wary of the risk of over-politicization that may arise from the transfer of the power to appoint arbitrators. Aside from that, China also has to prevent the abuse of regulatory power in the process of harmonizing adjudicative and regulatory powers and may consider adopting a mandatory roster system of arbitrators led by an independent third-party body and a system for the selection of members of the appellate body.
format Article
author Xi, Zhang
Ab Rahman, Rozanah
Ambaras Khan, Hanna
spellingShingle Xi, Zhang
Ab Rahman, Rozanah
Ambaras Khan, Hanna
How to break the arbitrator's trust dilemma?
author_facet Xi, Zhang
Ab Rahman, Rozanah
Ambaras Khan, Hanna
author_sort Xi, Zhang
title How to break the arbitrator's trust dilemma?
title_short How to break the arbitrator's trust dilemma?
title_full How to break the arbitrator's trust dilemma?
title_fullStr How to break the arbitrator's trust dilemma?
title_full_unstemmed How to break the arbitrator's trust dilemma?
title_sort how to break the arbitrator's trust dilemma?
publisher Human Resource Management Academic Research Society
publishDate 2023
url http://psasir.upm.edu.my/id/eprint/108208/
https://hrmars.com/index.php/IJARBSS/article/view/16998/How-to-Break-the-Arbitrators-Trust-Dilemma
_version_ 1811686008317542400
score 13.211869

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