Publication Year


ISBN: 9781459410725-12

Categories: , ,

For-profit arbitrators instead of judges

From: Sold Down the Yangtze


all of the decisions of investor-state arbitrators

are open to doubt because of the absence of judicial safeguards:

secure tenure, a set salary, an objective method of case

assignment, and so on. Those safeguards are needed—above

all, when a country’s sovereignty and solvency are ruled

upon—because they reassure everyone that a judge has not

succumbed to inappropriate bias, regardless of what the judge

says about his or her goodwill.



Gus Van Harten

As an expert in investment deals and international law, GUS VAN HARTEN is uniquely qualified to explain what the Canada-China agreement means for Canada. He is currently a professor at Osgoode Hall Law School in Toronto, working previously as a tenured faculty member in the Department of Law at the London School of Economics in the United Kingdom. He has written over twenty academic studies on investment treaties, and has provided commentary to governments, international organizations, and media such as Bloomberg, the CBC, The Globe and Mail, the Guardian, and the Toronto Star. He lives in Burlington, Ontario.